Loading...
HomeMy WebLinkAbout02142005 CRAC CITY OF SEBASTIAN COMMUNITY REDEVELOPMENT ADVISORY COMMITTEE MINUTES OF REGULAR MEETING FEBRUARY 14, 2005 Chmn. Dill called the meeting to order at 6:03 P.M. and the pledge was said by all. PRESENT: Warren Dill . A';;!:!c?'?"c-g." ~ .Y Damian Gilliams C .ftJRlV!AN Louise Kautenberg (a) (BOARD) =c, ?\ r:~ j~I:~ ~~~:~ .~PPP.O\lED,Gl-o L,:;n?!;@l'y:r Beth Mitchell APPROVED SUBJECT 'CO. .. --- ~~~h~r:~~~e e'&~~~t'~_o Richard Smith (Non-Voting Ex-Officio P&Z Chairman) EXCUSED: Andrea Coy Tom Frame Wayne LeBoeouf ALSO PRESENT: Vice-Mayor Joseph Barczyk Councilwoman Lisanne Monier Councilman Ray Coniglio Rich Stringer, City Attorney Jan King, Growth Management Manager Susan Lorusso, Secretary ANNOUNCEMENTS Chmn Dill stated for the record that Mr. Frame and Mr. LeBoeouf are excused and Ms. Kautenberg will be voting. He added that Ms. Coy is excused but may arrive later. Mr. Stringer addressed the commission regarding the proposed change to Section 10-1 of the City Ordinance, "Sales of liquor near churches and schools restricted." The city council would like the comments from the CRAC regarding the proposed changes. MOTION by Mitchell SECOND by Kautenberg to add the proposed change to Section 10-1 to the agenda. A voice vote was taken and the motion passed unanimously. This item will be placed after the status of gateway enhancement project and before discussion of proposed project list. MINUTES A motion was made by Mitchell/Bruno to approve the minutes of January 10, 2005. A voice vote was taken and motion passed unanimously. STATUS OF GATEWAY ENHANCEMENT PROJECT COMMUNITY REDEVELOPMENT ADVISORY COMMITTEE MINUTES OF REGULAR MEETING OF FEBRUARY 14, 2005 Ms. King read the motion approved at the August 30, 2004 meeting, which earmarked funds to be used for a gateway enhancement project but no specific project was ever approved. There was discussion about what Mr. Billero may intend to do with the portion of the triangle he owns and Ms. King said to date no formal application has been submitted for review. Mr. Stringer offered to get in touch with Mr. Billero and discuss the possibility of a joint project and will report back to the commission at the March meeting. Mr. Neglia arrived at 6:10p.m. and took his seat. Chmn. Dill asked Ms. King to bring copies of the CR-512 Charette to the next meeting, especially the portions that focus on the triangle area. DISCUSSION OF SEPARATION REQUIREMENTS BETWEEN CHURCHES AND ESTABLISHMENTS SELLING ALCOHOL Mr. Stringer explained that the rules have changed when it comes to churches as a land use. Churches cannot be zoned out of any district. He added considering the emphasis on the future of the riverfront district with entertainment, restaurants, etc, it could prove to be a serious situation within the commercial waterfront zoning district with a couple of well-placed store front churches. State law has changed greatly since Sebastian passed its ordinance. Mr. Stringer explained the draft ordinance Section 10-1 (attached). He removed the reference to the Florida Statute 561.1 and added in section (c) the term "church" as well as sections (e) and (f). Ms. Mitchell commented that Mayor McCollum wanted the Chamber of Commerce to comment on this issue and she read a document (see attached) referencing the history of the CRA District, revenues generated by the district and support for the proposed changes to the ordinance as presented by Mr. Stringer. Ms. Kautenberg said development of healthy, profitable businesses is extremely important to the CRA District. Ms. Jamar commended staff on offering a viable compromise for this situation and asked how was the 200 Ft. setback determined. Mr. Stringer said after discussion it was felt that 200 Ft. would not be next door to a typical commercial sized lot and this would give a 400 Ft. diameter across the church. Mr. Dill inquired if there would be any merit to add the term school to those that are in existence now. Mr. Stringer explained that there really aren't any sites suitable for a school around our commercial districts. He added that a definition of schools could be included. Mr. Stringer suggested adding the term "school" after the word "church" in the added portion of the ordinance under (c). Mr.Gilliams asked if the reference to beer and wine excluded distilled spirits and mentioned that there are beverages considered wine but have high alcohol content. Mr. Stringer said he would research the state beverage code with regard to that issue. MOTION made by Mitchell/Graham to recommend city council approve the proposed ordinance as written with the amendment to add "school" after the word "church" in the added section of 10-1 (c) and to look into the alcoholic content of the wine. A voice vote was taken. Motion passed 8 in favor 1 abstention. Mr. Stringer noted for the record that Ms. Bruno abstained from the vote. 2 COMMUNITY REDEVELOPMENT ADVISORY COMMITTEE MINUTES OF REGULAR MEETING OF FEBRUARY 14, 2005 DISSCUSSION OF PROPOSED PROJECT LIST Chmn. Dill opened discussion with the possibility of funding a portion of code enforcement as many of the businesses are still trying to bring their properties to code after the storm damage. He also suggested having an architectural review board. Mr. Stringer reminded the board of many other areas that could be look at for potential projects other than capital improvement projects. Mr. Neglia asked what the parameters of a loan pool would be and Mr. Stringer said the board would set a cap amount, a low interest rate, and specific or broad criteria for the program. Ms. Coy arrived at 6:57 p.m. and took her seat. Mr. Graham asked if CRA funds could be used to rebuild the sidewalks and street lights in the riverfront area and be reimbursed by insurance and FEMA monies when they come in. Mr. Stringer said he would talk with the finance director and get back to the commission with information. Tape 1 Side 2, 7:03 p.m. Mr. Graham asked to be excused and left the meeting at 7:07 p.m. Mr. Neglia asked if the CRA loaned monies to the city for repairs, would there be an interest fee collected. Mr. Stringer said it would depend if it were CRA assets, such as the specialty lights and the walkway. The CRA assets would not have interest but an advance to clean up activities in the riverfront that are not CRA assets could gain an interest on the monies repaid. Ms. Bruno asked if there is an estimate on the cost of repair to the lights and sidewalk. Chmn. Dill asked staff to bring information on that to the next meeting, such as items in need of repair, cost of repair, ability to get reimbursed by insurance and/or FEMA, and whether the items are CRA items or general city assets within the district. Mr. Stringer said the lighting and benches were done with CRA money, the walkway was done with a DOT grant, the rest of the CRA money was for landscaping of the Kavkor property. Ms. Mitchell asked if it was appropriate for CRA members to do research on grants, bonds and projects and bring it to the commission or do they have to go through staff. Chmn. Dill saw nothing wrong with a commissioner gathering information and reporting back to the committee. Mr. Stringer added that as a member of the FRA the committee could access their resource of information. It was agreed that information on signage would be looked at first. Mr. Neglia thought the yacht club should be one of the priorities to bring it back to its full potential. ELECTION OF OFFICERS As the committee membership turns over in April, officers will be chosen after the turnover. COMMITTEE MEMBERS' COMMENTS Mr. Stringer mentioned the copy of the Planning and Zoning Commission minutes, specifically the uses for the triangle overlay district. After some discussion the board agreed with the recommendations by the Planning and Zoning Commission. 3 COMMUNITY REDEVELOPMENT ADVISORY COMMITTEE MINUTES OF REGULAR MEETING OF FEBRUARY 14, 2005 Ms. Mitchell asked to be excused and left the meeting at 7:35 p.m. Chmn. Dill reviewed what the board would like to have on the March agenda. Mr. Stringer will be bringing back information on discussions with Mr. Billero regarding the gateway enhancement and he will also have information on the reimbursement of funds from FEMA and insurance with regard to repairs in the CRA District. Chmn. Dill also wanted to have a project and priority discussion on the agenda. Ms. King said Ms. Bosworth is working on a memo to the board detailing her comments at the January meeting and Chmn. Dill suggested Ms. King and Mr. Hass could contribute their thoughts as they also hear the concerns from the public. Ms. King said that they are currently all working on the memo. Chmn. Dill adjourned the meeting at 8:00 p.m. (2/17/05 SBL) 4 Sec. 10-1. Sales of liquor near churches and schools restricted. (a) It shall be unlawful for any person to sell alcoholic beverages at wholesale or retail from any building or establishment which is located within a distance of 450 feet from a church or school. (b) No permit or license shall be issued which allows the sale of alcoholic beverages to occur from any building or establishment which is located within a distance of 450 feet from any church or school. (c) The term "alcoholic beverages," as used in this section shall be taken to include the words "distilled spirits" and shall extend to and include all spirituous beverages created by distillation and by mixture of distilled beverages by what is commonly termed blending, and shall include beer, malt beverages or wine, as defined in the state beverage law. (F.S. ~ 581.91 & S8€j.). The term "church as used in this section shalll1a~commonlv-understood meaning but shall be Iim~ those establishments existing as of J anuarv 1 2005 meeting in a free-standing building in a single use site of a minimum size of one acre. (d) The restrictions contained in this section shall not apply to a person or establishment holding a current and valid permit or license to sell alcoholic beverages in the city from its present location. (e) l'illLwithst<!nding the restrictions of this section restaurants with a minimum seating caDacitv offiftv (50) in which tl)e sale of alcoholic beverages constitute less than half of gross revenues shall be allowed to serve wine and beer if located Ipore than 200 feet from a church or school. (fl... Measurements under this section shall be made in a strai!!:ht line from the m!lin entrance of the vendor's buildin to he-man entrance of the church building or to the nearest DffillertyJine for schools. K~tl~ A~~ CHAMBER Of COMMERCE February 15,2005 r-,_.~' ~~~ <.;".I, Mayor Nathan McCollum City of Sebastian 1225 Main Street Sebastian, Florida 32958 G.J -~ ,- " " "1 Ol '1 (;-'j 0 ["Tl - ~ ---j " ~ " ~ , ~-) , 1\...D: \,..-' - , (C.T,; ''::"J) Re: Proposed Changes to Ordinance Relating to Sales of Liquor Dear Mayor McCollum: The referenced subject matter has been before the City Council over the last several weeks, and during those discussions you have requested that the Sebastian River Area Chamber of Commerce come forth with a position on the matter. The content of this letter was presented to the CRA at it's meeting on Feb. 14,2005. Our Board of Directors unanimously supported the positions stated below, as did the Community Redevelopment Advisory Committee. "We all wear many hats in representing our community. In our discussion tonight we need to have our CRA hat on. It is our responsibility to advise the City Council only on the issues that affect the CRA and the issue needs to be considered in a business like fashion It is not necessary to debate the merits of drinking a glass of wine with steak or the sanctity of any church in this forum. The CRA was created as a result of the Riverfront Study Committee, in May, 1991. The residents and citizens of Sebastian made their intentions very clear. The City's policy statement in the Comprehensive Plan cited the need to propose a plan that would enhance the identity and vitality of the riverfront while also maintaining its environmental quality and historical character. In the master plan, which was created ten years ago, It states the purpose of the CRA is to create, or sustain a viable economic base providing amenities for the well being of its citizens. It is designed to grow the tax base, and to supplement the City's budget with revenues from sources other than property taxes. These dollars are significant. Property taxes only represent 17.23% of the city's total revenues. Other revenues include the discretionary Sales Tax, which represents $2,250,000 in 2004/2005 or 10.35%. The , discretionary sales tax, a tax on all retail sales in our community, including restaurants, is ,""r' i,","_ """1L-.' 700 IvIAIN STREET ~ SEBASTIAK, FL :]2958-4199 PHONE: (772"1 589-5969 mi FAX: (772:: 589-5993 WVl\'/ .se bastiancham ber. COlYc r:-mail to - info<q;:sebastianchamber.com Cf-t\ C,Mx, c,A, paying for the capital improvements of the City including the new city administration and police dept complex. I'" Additionally, the local option gas tax, collected when people drive into Sebastian and stop at the gas station, represents 3.5% of the City's budget, approximately $ 750,000 this year for road maintenance and repairs. And the local half cent sales tax, again collected from businesses in our community, represents close to $1,500,000 which is 5.6% of the revenue deposited directly into the general fund, there by reducing the property taxes in our community. The TDC fund collects from hotels, it's the heads on beds tax, and is used, in part to pay for capital improvement proj ects in the county. Hotels need the support of local restaurants to feed their guests. All of these taxes represent revenue collected to benefit the residents of Sebastian. The chamber represents close to six hundred businesses, and approximately 5,000 employers and employees, who work and live in the Sebastian area. They pay taxes, send their children to school, contribute to the quality oflife in the area, and dine out occasionally. Our mission statement specifically states that we support the development of business in our community, we work towards the promotion of tourism and we collaborate on quality oflife issues in or community. The eRA encompasses approximately 11,000 linear feet within its boundaries. Within those boundaries the master plan encourages such projects as are before us tonight. The existing ordinance, as it stands, would eliminate over 900 feet, for the Baptist Church, representing approximately 8% of the area to be developed, rehabilitated or otherwise enhanced. It would be irresponsible to take a negative position on a steale house within our CRA boundaries, we will be sending the wrong message to future business development and closing the doors to opportunities that would benefit the entire community. No compromise on the issue has been offered, and we must find a way to accommodate a small businessman who has come forward with a project that would contribute to the overall benefit of the community. There has been no evidence presenred, nor a showing of facts or figures that would demonstrate a negative impact to the community by allowing beer and wine to be sold from a steak house restaurant. ') k I would suggest one of two proposals, either the CRA Advisory Board propose the complete elimination of the ordinance within the CRA boundaries, or alternatively, reduce the arbitrary figure of!450 feet to 200 feet within the CRA boundaries. " Although there appeared that there might be support for the elimination of the ordinance in its entirety, the CRA ultimately agreed that the proposed changes, as crafted by the City Attorney, to the ordinance would provide compromise, yet address the issues in a positive manner. The Sebastian River Area Chamber of Commerce respectfully requests that the City Council approve the changes to the ordinance, as approved by the CRA. Thank you for your consideration on this matter. V ery~y yours, . ,!ftd; t ///:;;(dt~ Beth L. Mitchell Executive Director CC: Sebastian City Councilmembers , :J I L_AST~,o\."'ll: flRST NAME MIDOL~ NAME i D (Lll.,i'-O C..\ u.. ~L-e-[ I ,\IAILING ..\lJUN-ESS : h ~)c<..J.. . CITY !'03<b Pxr,<:-L~ DATE ON WHICH VOTE OCCURRED FORM 8B MEMORANDUM OF-VOTING CONFLICT FOR COUNTY, MUNICIPAL, AND OTHER lOCAL PUBLIC OFFICERS .~AME Of BOARD. COUNCIL. COMMISSiON. AUTHORITY, OR COMMITTEE CJL~ , N~ I\tAc h .,1.1>-..2...\. COUNT)- THE ROAN-I), COUNCIL, COMMISSION. AUTHORlTY, OR COMMITTEE ON WHICH I SERVE IS A L'NIT OF: N{ITY ~COUNTY 'OTHER LOCAL AGENCY NAME OF POLITICAL SUBDIY1SJQN: .~ L'l (.., ~ MY POSITION IS: ElECTIYE 'f.-. APPOINTIVE WHO MUST FILE FORM 88 This form is for use by any person serving a[ the county, city, or other local level of government on an appointed or elected board, council, commission. authority, or committee. It applies equally to members of advisory and non-advisory bodies who are presented with a voting conflict of interest under Section 112.3143, Florida Statutes. The requirements of this law are mandatory; although the use of this particular form is not required by law, you are encouraged to use it in making the disclosure required by law. Your responsibilities under the law when faced with a measure in which you have a conflict of interest will vary greatly depending on whether you hold an elective or appointive position. For this reason. please pay close attention 10 the instructions on this form before completing the reverse side and filing the form. INSTRUCTIONS FOR COMPLIANCE WITH SECTION 112.3143, FLORIDA STATUTES ELECTED OFFICERS: I i I A person holding elective county, municipal, or other local public office MUST ABSTAIN from voting on a measure which inures to his special private gain. Each iDeal officer also is prohibited from knowingly voting on a measure which inures to the special gain of a principal (other than a government agency) by whom he is retained, In either case, you should disclose the conflict: PRIOR TO THE VOTE BEING TAKEN by publicly stating to the assembly the nature of your interest in the measure on which you are abstaining from voting; and WITHIN 15 DAYS AFTER THE VOTE OCCURS by completing and filing this form with rhe person responsible for recording the minutes of the meeting, who should incorporate the form in rhe minutes. APPOINTED OFFICERS: A person holding appointive county, municipal, or other local public office MUST ABSTAIN from voting on a measure which inures to his special privale gain. Each loca! officer also is prohibited from knowingly voting on a measure which inures [0 the special gain of a principal (other than a government agency) by whom he is retained. A person holding an appointive local office otherwise may participate in a matter in which he has a connict of interest, but must disclose the nature of the conflict before making any attempt to influence the decision by oral or written communication, whether made by the officer or a[ his direction. i IF YOU INTEND TO CIlAKE ANY ATTEMPT TO INFLUENCE THE DECISION PRIOR TO THE MEETING AT WHICH THE VOTE WILL BE TAKEN: . You should complete and file [his form (before making any attempt to int1uence [he decision) with the person responsible for , recording the minures of the meeting, who will incorporate the form in the minutes. . A copy of the form should be provided immediately to the other members of the agency. . The form should be read publicly al the meeting prior to consideration of the matter in which you have a conflict of interest. 'i~\I~B IO.~U, PAr." IF YOU MAKE NO ATTEMPT TO INFLUENCE THE DECISION EXCEPT BY DISCUSSION OR VOTE ATTIiE MEETING: . You should disclose orally the nature of your conflict in the measure before participating. . You should complete the form and file it within 15 days after the vote occurs with the person responsible for recording the minutes of the meeting, who should incorporate the form in the minmes. I, "'-) U-, l'l' -~1 /2 DISCLOSURE Of STATE OffiCER'S I~TEREST ( ~l,c.t-vC) , hereby disclose that on '-~.l) \ i' ~oo\.: (a) A measure came or will come before my agency which (check one) /, 'I" ~ lOured ro my speCla pnvare gam; or _ inured to the special gain of , by whom I am retained. (b) The measure before my agency and the nature of my interest in the measure is as follows: '\" ' , .,' '/1-' J . ....~, ::::..... o \.),j",._,~{,.-' 'r, ~, \) '-Ly~4-\_ '~ Dare Filed NOTICE: UNDER PROVISIONS OF FLORIDA STATUTES ~1I2.3I7 (1985), A FAILURE TO MAKE ANY REQUIRED DISCLOSURE CONSTITUTES GROUNDS FOR AND MA Y BE PUNISHED BY ONE OR MORE OF THE FOLLOWING: IMPEACHMENT, REMOVAL OR SUSPENSION FROM OFFICE OR EMPLOYME"iT, DE'vIOTION, REDUCTION IN SALARY, REPRIMAND, OR A CIVIL PENALTY NOT TO EXCEED $5,000. CE FORJ\I 88 . JO.H6 PAGE: