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HomeMy WebLinkAbout06082005 HOME OF PELICAN ISLAND SEBASTIAN CITY COUNCIL MINUTES REGULAR MEETING WEDNESDAY, JUNE 8, 2005 -7:00 P.M. CITY COUNCIL CHAMBERS 1225 MAIN STREET, SEBASTIAN, FLORIDA 1. The Mayor called the regular meeting to order at 7:00 p.m. 2. Mayor McCollum led the Pledge of Allegiance. 3. A moment of silence was held. 4. ROLL CALL City Council Present: Mayor Nathan McCollum Vice-Mayor Brian Burkeen Council Member Andrea Coy Council Member Lisanne Monier Council Member Sal Neglia Staff Present: City Manager, AI Minner City Attorney, Rich Stringer City Clerk, Sally Maio Deputy City Clerk, Jeanette Williams MIS Systems Analyst, Barbara Brooke Growth Management Director, Tracy Hass Police Chief, James Davis Public Works Director, Terry Hill Regular City Council Meeting June 8, 2005 Page Two 05.090 05.014 05.070 05.125 3-15 05.126 17-18 5. AGENDA MODIFICATIONS (ADDITIONS AND/OR DELETIONS) Ilems not on the written agenda may be added only upon a unanimous vote of City Council members (R-iJ4-26) None. 6. PROCLAMATIONS, ANNOUNCEMENTS, PRESENTATIONS A. Certificate of Appreciation to Jeanne Jessup for Parks & Recreation Advisorv Committee Service Ms. Jessup was not in attendance. B. Certificate of Appreciation to Patrick Gilliaan for Construction Board Service Mayor McCollum read and presented the certificate to Patrick Gilligan. C. Certificate of Appreciation to Lee Griffin for Code Enforcement Board Service Mr. Griffin was not in attendance. D. Proclamation Declarina June as National Homeownership Month The Mayor read the proclamation and Lauren Connolly, President of the Realtors Association of Indian River County, accepted the proclamation. E. Mayor McCollum presented a certificate to Chief James Davis, commending his service to the City of Sebastian as interim City Manager. 7. 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 - 5/25/05 Regular Meeting B. Authorize Purchase of Carolina Skiff, Model 2180DLX, Including Motor & Trailer from Space Coast Marine in the Amount of $11,220 for Public Works (Public Works Transmittal 5/24/05, RFP) Mr. Neglia removed item B and Ms. Coy removed item A. Item A Ms. Coy corrected a vote on circle page 14, on Ordinance No. 0-05-04, which should read 4-1 (Coy - nay). 2 Regular City Council Meeting June 8,2005 Page Three On MOTION by Ms. Coy and SECOND by Mr. Neglia item A was approved with the correction on a roll call vote of 5-0. ItemB The Public Works Director responded to concerns expressed by Mr. Neglia and Mr. Burkeen relative to use and size. On MOTION by Mr. Neglia and SECOND by Mr. Burkeen, item B was approved on a roll ca II vote of 5-0. 8. COMMITTEE REPORTS/RECOMMENDATIONS 05.070 19-38 A. Code Enforcement Board (City Clerk Transmittal 5/31/05, Code, Letter, Applications, List, Ad) i. Interview, Unless Waived, and Submit Nominations to Fill: a. One Regular Member, General Contractor Position to Expire 6/1/2008 City Council interviewed Ron Van Buskirk. Mr. Neglia nominated Mr. Van Buskirk and there being no other nominations he was appointed to the position. 05.014 39-46 B. Construction Board (City Clerk Transmittal 5/31/05, Letter, Code, Application, List, Ad) i. Interview, Unless Waived, and Submit Nominations to Fill: a. One Regular Member, Contractor Position to Expire 9/30/2006 b. Fill Alternate Position If Necessary City Council interviewed Ms. Lanning. It was noted that her application was not included in the packet and the Deputy City Clerk stated she had expressed interest after the packets were sent out. Ms. Monier nominated Ms. Lanning and being the only nominee she was appointed. Alternate Member Ms. Coy noted that Mr. Nagy had checked Construction Board as one of his choices on his application form. Ms. Coy nominated Mr. Nagy, and there being no other nominations, he was appointed to the position. 9. PUBLIC HEARING - None 3 Regular City Council Meeting June 8, 2005 Page Four 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 - timit of five minutes each speaker Mary Ann Krueger, recommended an impact fee on lawn spraying companies due to their impact on the environment. Ms. Coy asked if she had brought it to the Environmental Committee and she responded that she did not believe this was an issue for that committee but rather is a budgetary issue. The City Attorney said it would probably not pass the impact fee test, but he could research it to see if it could be considered an additional license fee. Ms. Coy asked her to bring the issue back to the Environmental Committee. Mr. Neglia said the cost would be passed on to the homeowner and asked would it stop their practices. Trish Adams, Chairman of Temporary Environmental Advisory Committee, said the committee would be prioritizing issues and welcome anyone's suggestions. She reported on their meeting last night and said she was present to request certain authorizations such as partnering with Vero Beach and IRC to apply for a grant for drainage stickers and assistance of staff. Mayor McCollum recommended the committee put together a report for the June 22, 2005 Council meeting under Committee Reports/Recommendations so Council can take action on their requests. Ms. Adams also asked to form subcommittees with other committees, which Mayor McCollum also said could be placed on the June 22nd agenda for action by Council. Damien Gilliams said he heard tax assessments are going up, and it sounded like staff is getting ready to dive in for employee health insurance; asked Council to reverse the budget on the Cain house and sell it; said Council made a mistake by taking 1 'h inches off Louisiana Avenue and urged Council to reconsider giving the contractor the $36,000 to do it right; said it is the City's obligation to fix the canal on Layport and Wimbrow citing GDC agreements. Walter Barnes urged Council to practice civility; recommended that Council ask their questions ahead of time; asked when the grant for Riverview Park west was set to expire; and asked the City Attorney if he had anything to report from the waterways conference he recently attended. The City Attorney replied he is planning to come to a future meeting with a recommendation. 4 Regular City Council Meeting June 8, 2005 Page Five 11. OLD BUSINESS 05.127 47-74 A. Award Contract to E & D ContractinCl Services, Inc. in the Amount of $731.500 and Appropriate $200,000 from Discretionarv Sales Tax to Rehabilitate the Old Elementarv School (Citv ManaCler Transmittal 5/31/05, AClreements, Amendment) The City Manager requested an additional $200,000 to rehabilitate the old City Hall/Schoolhouse, reporting that the state grant requires a contractor's agreement executed by June 30th, that a second bid was let and the same contractor came back in with a reduced price of $730,000. He noted the additional $200,000 would come from discretionary sales tax. Damien Gilliams, said the $900,000 originally moved out of the bond estimate was moved without a motion of Council; asked the City Clerk whether there was Council approval to remove the $900,000 and she responded that there was no motion. He said the issue needs to be put on an agenda and discussed. John Dean, Architect for the project, urged approval noting this is a second bid and the price will not go down. Ms. Monier asked if there was the possibility of hidden costs and Mr. Dean said he could not guarantee that other damage would not be found. He said the contractor is expert in this field and he is confident that they can work with the City. The City Attorney said there is an agreement clause whereby there would have to be change orders for additional work. Mayor McCollum said costs are not going to go down and that discretionary sales tax is an appropriate source of funds. The City Manager stated the City has expended approximately $160,000 on the building in the past couple of years. On MOTION by Ms. Monier and SECOND by Mr. Neglia, the contract to E & D Contracting Services, Inc. in the amount of $731,500 and the appropriation of $200,000 from discretionary sales tax to rehabilitate the Old Elementary School was awarded on a roll call vote of 5-0. 5 Regular City Council Meeling June 8, 2005 Page Six 05.128 75-77 B. Authorize Additional Payment to John Dean. Architect for Additional Historic Rehabilitation of Old Elementary School (GSA Transmittal 5/31/05. Cover Sheet. Chanae Order) The City Manager explained that Mr. Dean was asked to re-scope the costs of the renovation to bring in a contractor within budget but not hurt the integrity of the historical building. On MOTION by Mr. Burkeen and SECOND by Ms. Coy the additional payment to John Dean Architects was approved on a roll call vote of 5-0. 05.034 79-81 C. Authorize Amendment II to the Boys and Girls Club Lease (City Attorney Transmittal 6/2/05. Amendment) The City Attorney explained that the bank requested that the City in good faith would honor the loan for public use. He explained that he revised the 2nd portion of the amendment so the City will have first option to buy what is left on the mortgage. such as the language in the t-hangars agreement at the Airport. Mr. Neglia noted a typo on circie page 81 and asked if the City would have to secure the loan and the City Attorney said the City would not. On MOTION by Ms. Monier and SECOND by Mr. Burkeen, Amendment II to the Boys and Girls Club lease agreement was approved on a roll call vote of 5-0. 12. NEW BUSINESS 05.016 83-92 A. Continued First Readina Ordinance No. 0-05-04 - Petition for Voluntary Annexation for a 25.55 Acre Addition to Cross Creek Subdivision - Schedule Second Readina & Public Hearinq (GMD Transmittal 5/16/05, 0- 05-14, Letter, Map. Survey, FS) Side ii, Tape /, 8:01 pm AN ORDINANCE OF THE CITY OF SEBASTIAN, FLORIDA, PROVIDING FOR THE VOLUNTARY ANNEXATION OF LAND CONSISTING OF 25.55 ACRES, MORE OR LESS, LOCATED NEAR POWERLlNE ROAD SOUTH OF BARBER STREET KNOWN AS CROSS CREEK SUBDIVISION PHASE II; PROVIDING FOR INTERIM LAND USE AND ZONING CLASSIFICATION; PROVIDING FOR CONFLICT; PROVIDING FOR AN EFFECTIVE DATE. Mayor McCollum announced that if this item is approved. the next item will be addressed and if not, the next item will not be addressed. The Growth Management Director recommended this item move forward to public hearing in approximately thirty days to allow staff to work out the details of a paving agreement. 6 Regular City Council Meeting June 8. 2005 Page Seven The City Attorney said there is interest from the County and the developer to work out an agreement. He said he did not think right-of-way details would be in place for about 30 days. but the idea that there will be a two-lane paved road will be provided. Attorney Warren Dill. representing Henry Fischer. said there have been two productive meetings with Indian River County and stated he has been authorized by his client to commit to improving Powerline Road from Barber Street to CR 510; therefore. requested approval for the annexation on first reading to allow them thirty days to formulate an agreement with the City. He said there is no impact fee money available for Powerline Road. said his client will front the money and then work with the County relative to permitting. He said Phase I, the northern part from the subject property to Barber Street, is in design right now, noting that the client's engineer has been working with the City since that portion is in the City's jurisdiction. The City Attorney said Powerline Road is a collector but with the location of the large feeder line the road right-of-way has been reduced and the road must be built to County standards. The County is willing to give eminent domain if there is enough width for the right-of-way standard. The City Attorney stated the completion of the road could be a stipulation noted in the final plat. Ms. Coy said she had heard this parcel was not annexed because there was a sand mining operation in place and sand mining is not allowed in the City. Mr. Dill said there was no sand mining operation on this subject parcel. Mr. Burkeen asked if the client was willing to purchase right-of-way. Mr. Dill said only government can do that and explained on the west side there are four owners and the County will use the road as an easement. He further explained that his client is taking care of all drainage for the road which includes the purchase of 4 acres on the west side for drainage retention. Bruce Moia, engineer for the project. reported on the time frame for paving of Powerline Road within the City limits portion. Mayor McCollum said he had attended some of the meetings in the County, noting that this would be a $400.000 to $450,000 project. He said his goal was to get Powerline Road paved from Barber to CR51 0 and that the road would be done by a private developer, that Powerline Road is in the County's plan for year 20 and not five. He said as for annexations. developments need to contribute something to the community in the first few years, and the taxpayers will benefit from this. 7 Regular City Council Meeting June 8, 2005 Page Eight Mr. Burkeen said he has some concerns about traffic impacts to the City from the annexed property but that the improvement would be a benefit to the City residents. Mr. Dill noted that his client was looking at approximately $490,000 for the entire improvement. Ms. Coy asked if any of DCA's comments had been addressed as yet. The Growth Management Director said two of the three amendments have been removed from consideration so staff is prepared if this one property goes through tonight, to contact DCA to address all of their comments. Ms. Coy suggested in the future that even Planning and Zoning be provided with this information, so that Council will know whether the resources are there. Mr. Neglia asked if a traffic study for evacuation had been conducted and read from DCA comments. The City Attorney said DCA comes out with these types of concerns every time, such as what is the impact of thirty homes to 1-95. He said we know that most of the items they ask for, they already have and the City has never sent anything up to them that they have ever rejected. He said there are discussions in the legislature to get rid of DCA. Ms. Coy asked if the County has the information, why should it be difficult for the City to obtain it. She said the questions they ask are important to her. Mr. Neglia asked why he is given the DCA comments to read if they have no value. Mr. Dill clarified that the number of homes was reduced to 134 after the last hearing. Ms. Monier thanked Dr. Fischer profusely for his donation. On MOTION by Ms. Monier and SECOND by Mr. Burkeen Ordinance No. 0-05-04 was passed on first reading on a roll call vote of 3-2 (Coy, Neglia- nay) On MOTION by Mayor McCollum and SECOND by Ms. Monier the public hearing was scheduied for July 27'h on a roll call vote of 5-0 8 Regular City Council Meeting June 8, 2005 Page Nine 05.016 93-110 B. First ReadinQ Ordinance No. 0-05-06 - Rezoninq Request from Aqriculture (A-1) to RS-10 for a Proposed 25.55 Acre Addition to Cross Creek Subdivision - Schedule Second Readinq & Public Hearinq (GMD Transmittal 5/16/05,0-05-06. Report, Map. Application) AN ORDINANCE OF THE CITY OF SEBASTIAN, FLORIDA, DESIGNATING AN INITIAL ZONING CLASSIFICATION OF RESIDENTIAL SINGLE-FAMILY (RS-10) FOR ANNEXED LAND WITH A PRIOR COUNTY LAND USE DESIGNATION AS RESIDENTIAL, 1 UNIT PER ACRE (R) FOR LAND CONSISTING OF 25.55 ACRES, MORE OR LESS, LOCATED NEAR POWERLINE ROAD SOUTH OF BARBER STREET AND KNOWN AS CROSS CREEK SUBDIVISION PHASE II, PROVIDING FOR CONFLICT, SEVERABILITY AND EFFECTIVE DATE. The City Attorney read the Ordinance by title. The Growth Management Director recommended approval. On MOTION by Mr. Burkeen and SECOND by Ms. Monier, Ordinance No. 0-05-06 was passed on first reading and the public hearing was scheduled for July 27th on a roll call vote of 4-1 (Coy - nay). It was noted for the record that Comprehensive land use plan Ordinance No. 0-05-05 would also be scheduled for public hearing on July 27'h. Mayor McCollum called recess at 8:50 p.m. and reconvened the meeting at 9:00 p.m. All members were present. 13. CITY ATTORNEY MATTERS 05.129 111-113 A. Resolution No. R-05-18 - Termination of State of Emerqencv Operations (City Attornev Transmittal 6/2/05, R-05-18) A RESOLUTION OF THE CiTY OF SEBASTIAN, FLORIDA, DECLARING AN END TO THE STATE OF EMERGENCY OPERATIONS; PROVIDING FOR CONTINUED RELIEF FOR DISPOSSESSED HOMEOWNERS; PROVIDING FOR CONFLICT; PROVIDING FOR EFFECTIVE DATE. The City Attorney read the title and explained that the emergency ordinance suspended certain provisions of the code to provide relief to property owners, and that there are people who are living in FEMA trailers who have damage and some who do not have damage. The City Attorney corrected Section 3 on page 112 to read "completion" and not "occupancy". He said Code Enforcement will be visiting the trailers to determine whether the residence is unlivable, noting the officer can walk up to the door just as anyone else would but could not wander private property. Ms. Coy clarified the burden of proof will be on the property owner to prove that there is a need, and the City Attorney said a period of five days would be a 9 Regular City Council Meeting June 8, 2005 Page Ten reasonable time to move a trailer. Mayor McCollum advised that FEMA permits were eighteen months duration. It was noted that FEMA must move their own trailers. Side I/, Tape I, 9:12 pm The City Attorney clarified that Indian River County fire station on US 1 is exempt and Mr. Burkeen noted it was unlivable. On MOTION by Mr. Neglia and SECOND by Mr. Burkeen, Resolution No. R-05-18 was adopted as corrected on a roll call vote of 5-0. Other Matters The City Attorney reported on prior Council action to prepare an agreement with a property adjacent to the railroad tracks on Main Street for location of the old train station, noting concerns with the negotiations, and requested further direction from Council. The Public Works Director said he would take Council members to see the station and said it was in good condition. The Growth Management Director said the property owner (Gabor Insurance) wants a site detail from a CAD operator for the building. The City Attorney suggested putting this on the next agenda for more information. It was suggested that the volunteer group that had offered to help with the move and Ruth Stan bridge be invited to attend The City Attorney said he would invite Mr. Gabor. 14. CITY MANAGER MATTERS The City Manager thanked Council for its selection process and said he looked forward to working for Sebastian. 15. CITY CLERK MATTERS 05.130 A. FACC Conference Attendance June 18-22 - Orlando The City Clerk, for the record, reported that she would be attending the Florida Association of City Clerks Conference in Orlando from June 18-22 with the Deputy City Clerk. Other Matters The City Clerk reported that the Budget Review Committee meetings had been rescheduled to July 6 and 20, because there was a conflict with Planning and Zoning meetings. 10 Regular City Council Meeting June 8, 2005 Page Eleven The City Clerk asked Council members to use their May 4th Stormwater agenda packets for the June 15'h special meeting. 16. CITY COUNCIL MATTERS A. Ms. Monier Ms. Monier said she has been upset with the lack of civility in the meetings lately and said she will not take any more innuendos and expects the same for all council members. She said she would call for a pOint of order if necessary when she feels there is disrespect to the chambers as a whole. Mayor McCollum said staff members have talked to him about this and said Council needs to have strong shoulders, and if Council is going to deny people the right to criticize then they must also stop people from complimenting. Ms. Monier said she could understand constructive criticism. B. Mavor McCollum Mayor McCollum asked the City Attorney to contact Palm Beach or Palm Beach County to obtain an ordinance that provides for specific notice to clean up properties in the event of developing hurricanes. D. Mr. Burkeen Mr. Burkeen said it is imperative that Council ask questions at the meetings so the public is well informed. E. Ms. Cov Ms. Coy said she was not elected to make the meetings shorter but to save the taxpayers money. She said she agreed that we need to look at civility but must allow the public to criticize but it should be done without vindictiveness. She reported she is suspending her forums at the library due to lack of turnout and gave her phone number 388-0961 and she does respond to phone calls. F. Mr. Nealia Mr. Neglia said he does go to department heads and ask questions but brings them up at meetings for the benefit of the public, and agreed that Council members do not have to sit up here and be belittled. 11 Regular City Council Meeting June 8, 2005 Page Twelve Chief Davis said the Emerald Lady is in the process of being moved and if it is not the City would move it and the owner would be liened. Mr. Neglia announced his public forum on Saturday, June 11 10 am to noon at City Hall. Mayor McCollum announced the Council will attend the Community Redevelopment Advisory Committee on June 13 at 6 pm and there is a Special Stormwater Council Meeting on June 15 meeting at 6 pm regarding seawalls. 17. Being no further business, the regular meeting adjourned at 9:40 p.m. Approved at the June 22, 2005 Regular City Council Meeting. ATT~ ~~CI~ - Nathan B. McCollum, Mayor ~ 12 INTRODUCTION OF NEW BUSINESS FROM THE PUBLIC SIGN-UP SHEET June 8, 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 ONt Y 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 tonm. The Mayor will call for public input prior to Council deliberation on each agenda item. Please raise your hand when he calls for input. /N'_ JI1\~<u A,~ ~<,,;t{ N. ewSubject: \' 0\0) L 0'<. A c:v~ GU\ -.~ (~e ~ "\ ~ I /--------------------------------------------------------------------------------------------------- Name: \ 0S\r-. A~ v'Y\S New Subject: ~,\V"",,'c ~ PA\,J\VOI\~(\.\ r.oM~ ...... Name: New Subject: /'------------------------------------------------------------------------------------------------------- Name: \)~~~ ~(~~~s.. 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