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HomeMy WebLinkAbout07262006 ~ HOME OF PELICAN ISLAND SEBASTIAN CITY COUNCIL MINUTES REGULAR MEETING WEDNESDAY, JULY 26,2006 - 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. Council Member Neglia led the Pledge of Allegiance. 3. A moment of silence was held. 4. ROLL CALL City Council Present: Mayor Nathan McCollum Council Member Andrea Coy Council Member Sal Neglia Council Member AI Paternoster City Council Absent: Vice-Mayor Brian Burkeen (excused) Staff Present: City Manager, AI Minner City Attorney, Rich Stringer Deputy City Clerk, Jeanette Williams Records Manager Specialist, Donna Cyr MIS Systems Analyst, Barbara Brooke Growth Management Director, Rebecca Grohall Zoning Technician, Dorri Bosworth Police Chief, Jim Davis 5. 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-05-26) None. Regular City Council Meeting July 26, 2006 Page Two 06.122 1 3-14 06.123 15-20 06.124 21-45 6. PROCLAMATIONS. ANNOUNCEMENTS, PRESENTATIONS A. August 1S\ 2006 National Night Out Proclamation Sebastian Police Chief Jim Davis The Mayor read the proclamation. Chief Davis accepted it and invited the public out for hot dogs and a soft drink. 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. If a member of the public wishes to provide input on a consent agenda item, he/she should request a Council Member to remove the item for discussion prior to start of the meeting or by raising his/her hand to be recognized. A. Approval of Minutes - 7/12/06 Regular Meeting B. Approve Treasure Coast Crafters Club Show at Riverview Park on December 16 & 17, 2006 from 9:00 a.m. to 4 p.m. (Public Works Transmittal, Application, Information) C. Authorize Staff to Execute Agreements with Florida Department of Correction for Labor Assistance for One-Year Period (City Manager Transmittal, Agreements) Ms. Coy removed item B. Mr. Paternoster removed item C. On a MOTION by Mr. Neglia and a SECOND by Ms. Coy, item A was approved with a voice vote of 4-0. Item B Ms. Coy requested that local Sebastian charities receive the Club's proceed next year. On a MOTION by Ms. Coy and a SECOND by Mr. Neglia, item B was approved with a voice vote of 4-0. Item C Mr. Paternoster asked the City Attorney if the City would be indemnified beyond a reasonable doubt and he responded absolutely. On a MOTION by Mr. Neglia with a SECOND by Ms. Coy item C was approved with a voice vote of 4-0. 2 Regular City Council Meeting July 26, 2006 Page Three 8. COMMITTEE REPORTS/RECOMMENDATIONS 06.125 A. Parks & Recreation Advisory Committee i. Report by Chairman Kevin Miller (no backup) Mr. Miller distributed the committee's comments and recommendations for Stone Crop Park and the location for a new community center. (attached) The City Manager explained the pockets parks and Riverview are scheduled to be developed before Stone Crop Park. He also said Eagle scouts and inmate labor may help with clearing Brazilian peppers at the Stone Crop Park. 06.025 47-54 B. Tree & Landscape Advisory Committee - One Position (City Clerk Transmittal, Code, Application, List, Ad) i. Interview Unless Waived and Submit Nominations for Regular Member Position to Expire Council interviewed Ms. Schuster and being that she was the only applicant, Ms. Coy nominated her to the Committee. 9. 06.113 55-93 PUBLIC HEARING A. Continuation of Quasi-Judicial Public Hearing - Resolution No. R-06-14- Sebastian Crossings Commercial Subdivision Preliminary Plat (GMD Transmittal, R-06-14, Staff Report, P & Z Minutes, Application, Report) A RESOLUTION OF THE CITY OF SEBASTIAN, FLORIDA, APPROVING THE PRELIMINARY PLAT FOR A COMMERCIAL SUBDIVISION KNOWN AS SEBASTIAN CROSSINGS COMMERCIAL; PROVIDING FOR CONFLICTS HEREWITH; PROVIDING FOR EFFECTIVE DATE. The Mayor asked if any member had ex-parte communication to disclose and they did not. The deputy clerk swore in the applicant's representatives and City staff. Bruce Barkett, attorney for the applicant stated the property was annexed in 2004 and the purpose of a preliminary plat is to establish legal boundaries of the lots shown on the plat. He stated by statute and code, the review standard is whether the application meets statutory criteria that is demonstrated by competent substantial evidence. He pointed out for the record the staff report is considered by the court expert evidence and staff has found the project consistent with the land development code, comprehensive plan and code of ordinances. The Zoning Technician thoroughly pointed out many items reviewed by Growth Management staff, including a staff condition that the 10 x 20 foot sign easement be conveyed back to the commercial developer to be part of the final plat. 3 Regular City Council Meeting July 26, 2006 Page Four Mayor McCollum asked about the mini-storage facility shown on the plat. Mr. Barkett conceded it is proposed at this stage and the City Attorney confirmed it may be proposed but in no way is approved at this meeting. The Zoning Technician explained a construction sign for the facility is allowed to be placed on the property once the City receives an application. Ms. Coy stated the transits were incomplete. The Growth Management Director explained the first environment report did not follow U.S. Fish and Wildlife Service protocol so the biologist was asked to look again for scrub jays. Ms. Coy pointed out the report indicated that evidence of scrub jays was not sought in the evening or for more than one day and bird call-out tapes were not used. Dr. Storm Richards explained that at the initial observation of the site, habitat for the species was not identified however he did return numerous times to 20 stations with mixed wetland forest throughout the site and used the tapes and determined the property to have "class 2" potential for scrub jay habitat. Ms. Coy asked for this documentation and Dr. Richards stated 25 acres is needed for a study and this small parcel was only reviewed as a professional courtesy and he was trying to be time sensitive for the project. Ms. Coy said jays have adapted in citrus environments and requested a third condition be added that review of the environmental report be done by the Florida Fish and Wildlife Conservation Commission and the U.S. Fish and Wildlife Service. Mr. Paternoster asked about the pipe draining in the wetland area. The Zoning Technician explained it is a standard SJRWMD practice to process filtered, clean run-off into the wetland. Mr. Barkett said it would be difficult to receive letters from the Florida Fish and Wildlife Conservation Commission and the U.S. Fish and Wildlife Service stating no scrub jays are present and perhaps a re-written report would be better. Ms. Coy reiterated that the Service look at either report and verify one of them is in accordance with their protocol. No one spoke in favor or against the project. Dale Simchick said she was concerned that traffic impact studies and intergovernmental approvals will be received prior to land clearing. The Mayor responded traffic impact studies will be done during the site plan review stage for each lot as the use is determined. Mayor McCollum supported the three conditions and asked if the site plan would come back to Council because the mini-storage facility was not presented during the annexation hearings. The Zoning Technician said Planning & Zoning would only review it. Ms. Coy requested the tapes of the developer's initial annexation request be played for the Planning & Zoning Commission. Mr. Neglia did not like the proposed storage unit. 4 Regular City Council Meeting July 26, 2006 Page Five On a MOTION by Ms. Coy and SECOND by Mr. Neglia, Resolution R-06-14 was approved with the added condition that the Florida Fish and Wildlife Conservation Commission and the U.S. Fish and Wildlife Service review the environmental study and approve there is no impact to the scrub jay habitat. The Mayor stated that Mr. Brown's item should have been pulled at the beginning of the meeting. 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 Neil Lagin requested a ban of mellalucca trees and Brazilian pepper trees within the City. Steve Buttles stated there are eight instances of new construction blocking the drainage system in a two-block radius of the City. Mayor McCollum asked him if he called Code Enforcement and he responded that he did not. Mr. Buttles asked what is being done about the mosquitoes and the City Manager directed him to the Mosquito Control Board for assistance because it is a separate taxing authority. Wanda Doll, 1660 Stonecrop Street, requested the environmental areas at Stone Crop Park be preserved and submitted a petition signed by neighboring homeowners. Deb Perry, 1664 Stonecrop Street, also requested the City not spend money to develop Stone Crop Park. John Oakes responded to Mr. Buttles stating it is irresponsible to have the whole City pay for a number of homeowner's drainage problems and each home should be looked at on a case-by-case basis. 11. OLD BUSINESS 05.127 95-115 A. Authorize the Execution of Amendment 1 to Install Wood Flooring and Amendment 2 of the E & D Contracting Services Agreement to Rehabilitate the Old Sebastian Elementary School Building Using Interest Earnings from the Series 2003 Discretionary Sales Tax Revenue Bonds to Fund the Amendments in the Amount of $7,000.00 (City Manager Transmittal, Agreement, Amendments) A MOTION was made by Mayor McCollum and a SECOND by Ms. Coy to approve the two amendments to the E & D Contracting Services Agreement on a roll call vote of 4-0. 06.098 B. Discussion of Watermark Property (Old Wal-Mart) - David Brown (no backup) Pulled from consideration at the request of Mr. Brown. 5 I- I Regular City Council Meeting July 26, 2006 Page Six The Mayor called for a break at 8:35 p.m. and upon return at 8:50 p.m., all members were present. 12. NEW BUSINESS 06.126 117-119 A. Resolution No. R-06-17 - Supporting New Middle School on 66th Avenue (City Clerk Transmittal, R-06-17) A RESOLUTION OF THE CITY OF SEBASTIAN, INDIAN RIVER COUNTY, FLORIDA, STRONGLY URGING THE INDIAN RIVER COUNTY SCHOOL BOARD TO CONSTRUCT A NEW MIDDLE SCHOOL ON SCHOOL DISTRICT PROPERTY ON 66TH AVENUE, AND TO TAKE IMMEDIATE STEPS TO ALLEVIATE OVERCROWDING CONDITIONS AT SEBASTIAN RIVER MIDDLE SCHOOL. Mayor McCollum began by stating at the School Board meeting last night, there was no discussion of resolving the middle school crisis and the two members who share the City's concern were present in the audience. He read a re-written resolution that he requested be sent to the Governor expressing Council's vote of "no confidence" and gubernatorial intervention. Trish Adams expressed concern because her son, Brandon will be attending Sebastian River Middle School next year. Ms. Coy supported the resolution rewrite and thanked Mr. Hughes and Ms. Reuter for their support. Mr. Paternoster supported the resolution rewrite. Mr. Neglia also supported the rewrite and said building should begin immediately for the middle school. A MOTION made by Ms. Coy and SECOND by Mr. Paternoster to support the rewritten resolution addressed to the Governor was approved by a roll call vote of 4-0. 06.0127 121-124 B. Award Construction Contract for Aviation Self-Serve Facility to Glasgow Equipment Service Company in the Amount of $240,960 (City Manager Transmittal, Bid Doc) The City Manager began by giving the City's thoughts and theories behind the size of the fuel tank. He explained it would be open 24/7 and operated like a self-serve gas station using credit cards. Mr. Paternoster asked if this was based on staff recommendation and the City Manager replied it is based on staff estimates. Mr. Paternoster asked what the hours of the private fuel operator were and the City Manager stated the hours are erratic and prices differ. Mr. Paternoster expressed concern for attracting more pilots and the City Manager explained that by finding the right price, the City will be able to control the airport traffic. 6 Regular City Council Meeting July 26, 2006 Page Seven Mr. Neglia asked if A V gas with octane would be sold and the City Manager replied that only SkyDive Sebastian uses jet fuel and they transport it into the airport. Ms. Coy did not have a problem with the tank size and stated that if the airport becomes busy the City can control the price and hours to decrease traffic. A MOTION was made by Mr. Neglia and SECOND by Ms. Coy to approve a construction contract with Glasgow Equipment Service Company for an aviation self-serve facility with a roll call vote of 3-1. (Paternoster-nay) 06.114 125-128 C. First Reading Ordinance No. 0-06-07 - Overgrown Lots - Schedule Public Hearing for August 23, 2006 If Appropriate (City Attorney Transmittal, 0-06-07) AN ORDINANCE OF THE CITY OF SEBASTIAN, FLORIDA, AMENDING CITY CODE SECTION 66-3 TO DEFINE OVERGROWN LOTS NEXT TO HOMES AS A NUISANCE; PROVIDING FOR CONFLICTS, SEVERABILITY AND EFFECTIVE DATE. The City Attorney read the title and stated there is a problem and defining overgrowth would be a problem and a grubbing permit may be required by individuals wanting to clear, which would burden staff. He suggested a clearing permit valid for one-year periods. John Sindler showed pictures of his back yard that he has been clearing for 12 years. Trish Adams, biologist with the U.S. Fish and Wildlife Service suggested consistency determinations be sought from the Service because scrub jays have adapted to Brazilian peppers and perhaps clearing could be prohibited during nesting season (March-June). She also explained that unless control and treatment is applied to the trees, trimming will exasperate the problem. She did not favor using boy scouts to remove the trees because chain saws and chemicals are needed. She also pointed out that birds sit on power lines and seed/fertilize the easements throughout the City. The City Attorney stated the two basis to justify this is nuisance and fire hazard so we should talk to the Fire Dept. to see what a nice break would be. Mr. Neglia said the Division of Forestry might be able to help with that. Louise Kautenburg pointed out that clearing both sides of a lots greatly reduces wildlife habitat. She advised them to mow the lot edges every week. Eugene Wolff pointed out the overgrown lots provide wind and sound barriers. He said there are over 4,000 vacant lots in Sebastian drawing no City services but assessed at $900.00 a year in taxes. Mr. Wolff pointed out how much taxes Mr. Sindler pays compared to the neighboring vacant lot owner. He said recently he helped a homeowner hire a lawn service to remove three dead trees for $300.00 in addition to his property taxes comes to $500.00. He said the 7 Regular City Council Meeting July 26, 2006 Page Eight clearing requirement may move people to start selling their lots. He also said out of town lot owners would be at the mercy of landscapers when their lots are cleared. Mr. Paternoster asked if he checked with the City to approve the tree removal. The City Attorney advised the Building Department would issue a no-fee tree removal permit for such cases. Ms. Coy expressed offense in the tax comparison, stating it should be noted how many years Mr. Sindler has paid taxes and the vacant owner is not homesteaded. She said all taxpayers are important regardless of the amount they pay in taxes. Bill Poser, 650 Dempsey, asked whom he should call if he gets flooded. The City Manager took him aside. Ellen White stated no one complains about her uncleared vacant lot. Mr. Sindler said the unimproved lot did not protect his home from the hurricanes. Pat Dempsey suggested if adjacent owner can't clear lot have vacant owner pay the City to do it. Ms. Coy stated that any decision she participates in will never be based on how much taxes someone pays. She suggested if there is no response from a lot owner to have the current mowing contractor clear the edge. The City Attorney suggested limiting the ordinance to dead trees or limbs that cross the line. He said the biggest problem is the elderly. Ms. Coy suggested limiting the clearing to two feet of invasive debris and if the City does the clearing, send the owner a bill. She pointed out that we are already clearing swales of out-of-towners. The City Manager said discussions with staff have led to nuisance issue and Code Enforcement seems to be loaded down. Ms. Coy suggested putting the fine amount in the letter. Mr. Paternoster said he has been discussing all of this just this past week with the City Manager. The City Attorney suggested a total rewrite to include 5 feet, include vines and weeds and take out the permitting requirement for clearing within the drainage easement. He said the incidental take permit would have to be reviewed because there is an obligation to maintain habitat until a house goes up. He said a clearance from U.S. Fish and Wildlife Service may be needed. Mr. Neglia said 5 feet is the way to go and this should apply to everyone. Mayor McCollum said the pepper trees saved his house during the hurricanes. 8 Regular City Council Meeting July 26, 2006 Page Nine The City Attorney said a 14-day notice would be given. If no action, the City would do it and send a bill to be paid within 14 days and if there is still no action the City would lien the property. It was the consensus of Council that since there were so many changes that the whole ordinance be re-written and brought back for a new first reading in about a month so there is time to contact the US Fish and Wildlife Service. 06.128 129-132 D. November and December Holiday Schedule (City Clerk Transmittal, Calendars) The City Manager explained that the Clerk needed this for election planning. Mr. Neglia asked about the Parks & Recreation Committee meeting on Christmas day. The Deputy Clerk explained that is just where it falls and it would probably be rescheduled. 06.120 133-139 E. BellSouth Utility Easement (City Manager Transmittal, Map, Easement) The City Attorney said the Miami BellSouth attorney had a few concerns with the easement and it would come back to Council in the future. 13. CITY ATTORNEY MATTERS He stated after further reviewing the Department of Corrections contracts, there would be a necessary change to hold the City harmless. He reported that the Paradise Marina site plan had been rejected and Council should not talk to anyone about it because they are the appellant body. He requested that only the three contiguous counties bar associations be contacted for applications for the code enforcement magistrate. 14. CITY MANAGER MATTERS None. 15. CITY CLERK MATTERS None. 16. CITY COUNCIL MATTERS A. Mr. Paternoster Reported on his public forum regarding drainage issues and advised the pubic he is working on drainage resolution. He reminded the City Attorney that he is waiting on legal opinion as to trespassing on private property to reach backyard easements. 9 Regular City Council Meeting July 26, 2006 Page Ten B. Mr. NeQlia Reminded the public that bricks are still for sale that may be engraved and placed near the clock in Riverview Park. C. Mayor McCollum 06.098 i. Possible Locations for Community Center from Existing City Properties (no backup) Given the late hour, it was the consensus of Council to carry this item to the next meeting's agenda. E. Mr. Burkeen Absent. F. Ms. Coy She expressed kudos to Maronda Homes and V. K. Custom Homes who recently came to successful resolution of contractor. She urged citizens to contact contractors directly to resolve any problems they may be encountering. She gave the Indian River County School Board the dodo title for behavior and non-responsiveness to the middle school crowding. She stated she would be bringing some environmental requests to Council in the near future. Mayor McCollum asked someone to go in his place to the National Night Out on August 1 st because he and Mr. Neglia would be in attendance at the Environmental Advisory Committee meeting. Being a former policeman, Mr. Paternoster offered to go. 17. Being no further business, the regular meeting adjourned at 10:42 p.m. ~ 2006 Regular City Council Meeling. /J . an B. ~Co : Mayor ATTy / ..' ~ //t2)??~ 10 Dear Council Members, "'. ~ Recently we held a public workshop to discuss the plans for the city-owned property known as the Stonecrop St. Park currently budgeted for improvement. We had a large turnout from the community that lives near that park. Our members did our own study of the property, listened to public input, and reviewed a petition with over 200 resident signatures voting against major development of the park. We feel our board came to an acceptable compromise for all parties. We also feel our following recommendation will be a less expensive option than the original concept. Our recommendation s as follows: .-......._~-._-. . We would suggest that the city retain the property as a "Nature Preserve" or "Nature Park" and designate it as such with appropriate signage. . Remove the concrete pylons, "No Parking", and "No Trespassing" signage currently installed at the location. . Work in conjunction with an eco-troop, Boy Scout troop, our other environmental task force to help clear the area of the Brazilian Pepper Trees overrunning the property and making it difficult to view the St. Sebastian River from the road. . Install a wooden split-rail fence next to the road edge running along Stonecrop Street and Sunsport Dr.. To allow foot traffic access, place breaks in the fence every 30-40 yards. . Inside the split rail fence and between the start of the foliage, we recommend installing a mulch walkway running the length of the fence. . Plant native plants around the edge of the walking trail to enhance appearance. Thank you for your consideration. Kevin Miller, Chairman Sebastian Parks and Recreation Advisory Board Dear Council Members, We recently we held a public workshop to gather input on the new community center project. We heard from a few members of the public at the meeting and reviewed several e-mails provided on the subject. We heard an informative presentation from our Recreation Coordinator, Kathy Falzone. We as a board have studied possible locations for the center from the list of city-owned property provided by AI Minner. Our preliminary recommendations for this property are as follows: . We recommend that council not consider any property, whether city- owned or privately offered, that will not allow for future growth of facilities and amenities. . We do not feel that the community center, regardless of location, will be a walking/biking destination. Therefore, we recommend deciding on a location that focuses more on adequate facility size and accommodation of all community recreation needs. . We strongly urge the council to take a close look at the city-owned Tracy Drive property consisting of 33 acres of vacant land. We feel this property is the most accommodating for a larger facility with the possibility for expansion and already has been designated for park development. . We suggest pursuing construction of the facility in stages with a modular concept. This will allow us to add on when the tax money is available and will provide a quicker result. . We would like the current community center to be retained for additional smaller community activities and recommend continuing the scheduled improvements as budgeted. Thank you for your consideration. Kevin Miller, Chairman Sebastian Parks and Recreation Advisory Board