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HomeMy WebLinkAbout11132002 REGULARCIT~ OF HOME OF PELICAN ISLAND SEBASTIAN CITY COUNCIL MINUTES REGULAR MEETING WEDNESDAY, NOVEMBER 13, 2002 - 7:00 P.M. CITY COUNCIL CHAMBERS 1225 MAIN STREET, SEBASTIAN, FLORIDA 2. 3. 4. The Mayor called the Regular City Council meeting to order at 7:00 p.m. The Pledge of Allegiance was recited. Father Morrissey of St. Sebastian Catholic Church gave the invocation. ROLL CALL City Council Present: Mayor Walter Barnes Vice-Mayor James Hill Mr. Joe Barczyk Mr. Edward J. Majcher, Jr. Mr. Ray Coniglio Staff Present: City Manager, Terrence Moore City Attorney, Rich Stringer City Clerk, Sally Maio Deputy City Clerk, Jeanette Williams Airport Director, Jason Milewski Finance Director, Mark Mason Growth Management Director, Tracy Hass Police Chief, James Davis Public Works Director, Terry Hill Police Lieutenant, Bob Lockhart Police Sgt. Michelle Morris Police Sgt. Greg Witt Police Officer Richie Revis K-9 Rocky Regular City Council Meeting November 13, 2002 Page Two w AGENDA MODIFICATIONS (ADDITIONS AND/OR DELETIONS) Items not on the written agenda may be added only upon a majority vote of City Council members (R-99-21) None. 6. SPECIAL HEARING FY 2002~2003 MILLAGE/BUDGET 02.130 Resolution No. R-02-48 - Adoption of Millage Rate for Calendar Year 2002 (Finance Transmittal 11/5/02, R-02-48) A RESOLUTION OF THE CITY OF SEBASTIAN, INDIAN RIVER COUNTY, FLORIDA, ADOPTING A MILLAGE RATE OF 4.5904 MILLS FOR THE CALENDAR YEAR 2002 AND ALLOCATING SAME TO THE FISCAL YEAR BEGINNING OCTOBER 1, 2002 AND ENDING SEPTEMBER 30, 2003; PROVIDING FOR CONFLICTS; AND PROVIDING FOR AN EFFECTIVE DATE. The City Attorney read Resolution No. R-02-48 by title; and the City Manager briefly explained that there was an error in the original ad size requirement which required a re-adoption hearing. MOTION by Majcher/Coniglio "1 move to adopt Resolution R-02-48 establishing the millage rate of 4.5904 mills for calendar year 2002." ROLL CALL: Mayor Barnes - aye Mr. Hill - aye Mr. Barczyk - aye Mr. Coniglio - aye Mr. Majcher - aye MOTION CARRIED 5-0 02.130 Resolution No. R-02-49 - Adoption of Budget for Fiscal Year 2002/2003 (Finance Transmittal 11/5/02, R-02-49, Schedule A) A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SEBASTIAN, INDIAN RIVER COUNTY, FLORIDA ADOPTING THE BUDGET FOR THE FISCAL YEAR BEGINNING OCTOBER 1, 2002 AND ENDING SEPTEMBER 30, 2003; MAKING APPROPRIATIONS FOR THE PAYMENT OF OPERATING EXPENSES, CAPITAL EXPENSES, AND FOR THE PRINCIPAL AND INTEREST PAYMENTS ON THE BOND AND OTHER INDEBTEDNESS OF THE CITY IN THE CITY'S GENERAL FUND, SPECIAL REVENUE FUNDS, DEBT SERVICE FUND, CAPITAL IMPROVEMENT FUNDS, GOLF COURSE FUND, AND AIRPORT FUND AS PROVIDED FOR IN SCHEDULE "A", ATTACHED HERETO, ESTABLISHING AUTHORITY OF THE CITY MANAGER TO IMPLEMENT THE BUDGET; PROVIDING FOR SEVERABILITY; PROVIDING FOR CONFLICTS; AND PROVIDING FOR AN EFFECTIVE DATE. The City Attorney read Resolution No. R-02-49 by title. Regular City Council Meeting November 23, 2002 Page Three MOTION by Majcher/Hill "1 move to adopt Resolution R-02-49." ROLL CALL: Mr. Hill - aye Mr. Barczyk - aye Mr. Coniglio - aye Mr. Majcher - aye Mayor Barnes - aye MOTION CARRIED 5-0 6. PROCLAMATIONS~ ANNOUNCEMENTS AND/OR PRESENTATIONS A. Sebastian Police Department K-9 Introduction Chief Davis introduced Rocky, the department's new canine, and congratulated Sammy, Megan, Arden Greer and Mr. and Mrs. Julio Carosi for their fundraising efforts on his behalf. B. Employee of the Quarter Mayor Barnes awarded the Employee of the Quarter certificate to Police Department Crime Scene Technician, Thomas Ferraiolo, as well as a savings bond. Certificate of Appreciation to Sheri Reichert for Planning and Zonin.q Commission Service Mayor Barnes read a certificate of appreciation, however, Ms. Reichert was not in attendance to receive it. 02.236 Update re.qarding Attachment of Cleats to Palm Trees at Captain Hiram's Sandbar (GMD Transmittal 11/6/02, Letters) The Growth Management Director updated City Council on the issue of attachment of cleats to trees in violation of a Board of Adjustment variance approval as set out in his transmittal dated November 6, 2002. Regular City Council Meeting November 13, 2002 Page Four Tom Collins, representing Captain Hiram's, said it was his intent to provide a cover that was not a permanent structure designed to withstand 60 mph winds, and that he had used screws and small cleats in trees without detriment to the trees in the past. He said he had never been notified until today that he needed to provide an engineer's certification. Discussion continued on alternative methods. The City Attorney said the applicant had stated at the variance hearing that the trees if properly planted would provide as much support as a post and that Council had asked for certification to that effect. Mr. Hill said use of cleats in trees was his concern at the Board of Adjustment hearing and this concern was made a provision of the variance to protect the trees; and that once a precedence is established, another business owner may not be as conscientious as Mr. Collins. The City Attorney recommended that if the Board did not want the main support of the canopy by cleat that can be noted in the file and the tie-off cleats would be allowed however this was not acceptable. Mr. Collins agreed to work with City staff and come up with a solution in the next few days. 02.144 Update ReRardin,q Rear Parapet Wall at Sebastian Retail Shoppes (GMD Transmittal 11/6/02) The Growth Management Director updated City Council on the issue of the parapet wall, noting that completion is anticipated shortly and an additional update will be provided in December. 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 - 10/23/02 Regular Meeting 02.234 Bo Approve Kimley-Horn as Design Consultant for CR512 Alleyway (City Manager 11/7/02, Proposal) Regular City Council Meeting November 13, 2002 Page Five 02.237 C. 02.238 D. 02.239 E. 02.240 F. 02.241 G. 02.242 H. 02.243 I. 02.244 J. 02.245 K. Authorize the Appropriation of $44.00 and Award a Contract to Design, Fabricate and Install Columbariums to Koppenberg Enterprises, Inc. in the Amount of $40,300.00 and Authorize Staff to Execute an Agreement for Same (Public Works Transmittal 11/4/02, Bid Tab) Waive Formal Bidding Process and Award Contract to Curt Oxford Woodcarver, Inc. for Community Center and Yacht Club Signs in the Amount of $9,700.00 (PW Transmittal 11/6/02, Proposal) For Santa Sail In, Approve Closing of Indian River Drive and City Dock & Ramp at Yacht Club from 4:00 pm to 9 pm on Saturday, December 7~h and Direct Staff to Arrange for Traffic and Crowd Control, Also Use of Electricity (PW Transmittal 10/30/02, Letter) For Fine Arts Festival, Approve Closing of Indian River Drive and Sebastian Blvd. From 11:00 am on December 13 thru 8:00 pm on December 15 and Direct Staff to Arrange for Traffic and Crowd Control; Also Approve Use of Electricity and NB Service (PW Transmittal 10/30/02) Authorize the City Manager to Enter into a 2002-2003 Annual Lease Continuance Agreement with Clark Sales Display, Inc. for Holiday Displays Totaling $14,068.00 (City Manager Transmittal 10/24/02, Proposal) Authorize the Acceptance of the Local Law Enforcement Block Grant in the Amount of $10,000 and Fund the Grant Match in the Amount of $1,112.00 from the Law Enforcement Forfeiture Fund (PD Transmittal, 11/5/02, Attachments) Authorize the Trade-in of the 2002 Harley Davidson Motorcycle for 2003 Motorcycle at No Cost from Ft. Lauderdale Harley Davidson (PD Transmittal 11/6/02) Authorize the Purchase of four 2003 Ford Crown Victorias from Duval Ford at a Total Cost of $92,000.00 in Accordance with Florida Sheriff's Association Bid Award (PD Transmittal 11/7/02, Bid) Authorize the City Manager to Execute an Agreement Between the City of Sebastian And Kirkpatrick Pettis for Financial Consultancy Services (Finance Transmittal 11/6/02, Agreement) Regular City Council Meeting November 13, 2002 Page Six 02.246 L. Resolution No. R-02-51 Vacation of Easement - Smith - Lots 8 & 9, Block 150, Sebastian Highlands Unit 5 (R-02-51, site map, staff report, application, utility letters) A RESOLUTION OF THE CITY OF SEBASTIAN, INDIAN RIVER COUNTY, FLORIDA, VACATING CERTAIN EASEMENTS OVER LOTS 8 AND 9, BLOCK 150, SEBASTIAN HIGHLANDS UNIT 5; PROVIDING FOR CONFLICTS HEREWITH; PROVIDING FOR RECORDING; PROVIDING FOR EFFECTIVE DATE. The City Attorney read Resolution No. R-02-51 by title. MOTION by Barczyk/Coniglio "1 move to approve consent items A-L." ROLL CALL: Mr. Barczyk - aye Mr. Coniglio - aye Mr. Majcher - aye Mayor Barnes - aye Mr. Hill - aye MOTION CARRIED 5-0 8. PUBLIC HEARING 02.071 First Public Hearing on Florida Department of Community Affairs Small Cities Community Development Block Grant (CDBG) for Louisian~ Avenue - Second Public Hearing 12/11/02 (City Manaqer Transmittal, PH Ad) Mayor Barnes opened the p. ublic hearing and the City Manager briefly explained that the City was ranked 17[nin this round of grant awards, would receive additional allocated funds after the first of the year, however, since those funds could be reallocated for disaster relief, he was recommending re-submittal of the application to ascertain that the City will in fact receive funds in the next award period. MOTION by Barczyk/Coniglio "Move to authorize the submitting of the original 2002 CDBG Proposal to also target the Fiscal Year 2003 Neighborhood Revitalization Program Budget of the Florida Small Cities CDBG Program." Regular City Council Meeting November 13, 2002 Page Seven ROLL CALL: Mr. Coniglio Mr. Majcher Mayor Barnes Mr. Hill Mr. Barczyk - aye - aye - aye - aye - aye MOTION CARRIED 5-0 02.231 Second Readinq and Public Hearing Ordinance No. O-02-15 - Change in Administration to Parks and Recreation Proqram (City Clerk Transmittal 10/17/02, O-02-15, Legal Ad) AN ORDINANCE OF THE CITY OF SEBASTIAN, INDIAN RIVER COUNTY, FLORIDA AMENDING ARTICLE 1, CHAPTER 74 OF THE CODE OF ORDINANCES, PARKS AND RECREATION IN GENERAL; PROVIDING FOR CONFLICTS; PROVIDING FOR SEVERABILITY; PROVIDING FOR AN EFFECTIVE DATE. 02.116 The City Attorney read Ordinance No. O-02-15 by title, Mayor Barnes opened the hearing and the City Clerk briefly described the ordinance. MOTION by Majcher/Coniglio "Move to adopt Ordinance No. O-02-15." ROLL CALL: Mr. Majcher - aye Mayor Barnes - aye Mr. Hill - aye Mr. Barczyk - aye Mr. Coniglio - aye MOTION CARRIED 5-0 Co Second Readinq and Public Hearin.q Ordinance No. O-02-16 - Cemetery Rules and Requlations (City Clerk Transmittal 10/15/02, O-02-16, Le.qal Ad) AN ORDINANCE Of THE CITY Of SEBASTIAN, INDIAN RIVER COUNTY, FLORIDA, AMENDING CERTAIN SECTIONS OF CHAPTER 34 OF THE CODE OF ORDINANCES OF THE CITY OF SEBASTIAN PERTAINING TO CEMETERY RULES AND REGULATIONS; PROVIDING FOR REPEAL OF ORDINANCES OR PARTS OF ORDINANCES IN CONFLICT HEREWITH; PROVIDING FOR SEVERABILITY; AND PROVIDING FOR AN EFFECTIVE DATE. The City Attorney read Ordinance No. O-02-16 by title, Mayor Barnes opened the hearing and the City Clerk briefly described the ordinance. Regular City Council Meeting November 13, 2002 Page Eight MOTION by Barczyk/Hill "Move to adopt Ordinance No. O-02-16." ROLL CALL: Mayor Barnes - aye Mr. Hill - aye Mr. Barczyk - aye Mr. Coniglio - aye Mr. Majcher - aye MOTION CARRIED 5-0 02.124 Do Second Readinq and Public Hearin.q Ordinance No. O-02-17 - Solid Waste Referendum (GSA Transmittal 10/17/02, O-02-17, Legal Ad) AN ORDINANCE OF THE CITY OF SEBASTIAN, FLORIDA, AMENDING CITY CODE SECTION 86-26 SOLID WASTE; COLLECTION AND DISPOSAL GENERALLY; SERVICE BY THE CITY TO REQUIRE UNIFORM PROVISION AND BILLING FOR GARBAGE COLLECTION; PROVIDING FOR REFERENDUM; PROVIDING FOR CONFLICTS AND EFFECTIVE DATE The City Attorney read Ordinance No. O-02-17 by title, Mayor Barnes opened the hearing and the City Attorney briefly described the ordinance. MOTION by Coniglio/Hill "Move to adopt, is this an ordinance Rich? Ordinance O-02-17." ROLL CALL: Mr. Hill - aye Mr. Barczyk - aye Mr. Coniglio - aye Mr. Majcher - aye Mayor Barnes - aye MOTION CARRIED 5-0 Regular City Council Meeting November 14, 2002 Page Nine 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- limit of 10 minutes each speaker Herbert Sturm, addressed City Council and requested City Council remove the lien on his property TAPE I - SIDE II (8:03 p.m.) Rich Weatherall, owner of the Bicycle Depot, came before City Council with an idea to build a mountain biking trail in the City. Mayor Barnes recommended he meet with the City Manager to discuss the idea. Mr. Majcher suggested that perhaps the conservation property behind City Hall might be an appropriate site. The City Manager said there also may be opportunities available for the stormwater passive park and asked Mr. Weatherall to contact him. 10. COMMITTEE REPORTS/RECOMMENDATIONS 02.014 Planninq and Zoninq Commission Interview, Unless Waived and Appoint Regular Member Position to Unexpired Term (City Clerk Transmittal 11/7/02, Applications, Ad, Members) City Council interviewed Mr. Blessing, Mr. Faille, Mr. AIIocco, Ms. Krueger, Mr. Marshall and Mr. Carroll. Mr. Hill stated that it was outstanding that so many well qualified applicants applied for the position. MOTION by Hill/Coniglio "1'11 appoint--on the basis of time served, on the board as an alternate, Mr. Harold Faille to the regular member position." ROLL CALL: Mr. Bamzyk - aye Mr. Coniglio - aye Mr. Majcher - aye Mayor Barnes - aye Mr. Hill - aye MOTION CARRIED 5-0 Regular City Council Meeting November 13, 2002 Page Ten MOTION by Barczyk/Hill "Move to nominate Mr. AIIocco as the alternate member." The appointment of Mr. AIIocco provided for his automatic resignation from the Construction Board. ROLL CALL: Mr. Coniglio - aye Mr. Majcher - aye Mayor Barnes - aye Mr. Hill - aye Mr. Barczyk - aye MOTION CARRIED 5-0 Mayor Barnes called recess at 8:25 p.m. and reconvened the meeting at 8:35 p.m. All members were present. 11. OLD BUSINESS 02.124 Approve Selection Process for Solid Waste Collection Services (City Manaqer Transmittal 11/13/02, Guidelines) The City Manager stated that due to the fact that the existing franchise agreement will expire next June, staff recommends soliciting proposals from solid waste firms for residential and commercial collection service with specific guidelines. Mr. Barczyk suggested that the contact number would not have to be an 800 number if that would save money and the disabled service should be provided but not necessarily at the back door. Mr. Coniglio suggested a city office location. The City Attorney stated that staff felt it might not be needed if mandatory service is approved due to fewer billing problems, but it would be negotiated if service was non-mandatory. MOTION by Majcher/Coniglio "Move to adopt residential and commercial solid waste collection services franchise agreement, collection process as described." Regular City Council Meeting November 13, 2002 Page Eleven 12. 02.069 02.005 ROLL CALL: Mr. Majcher Mayor Barnes Mr. Hill Mr. Barczyk Mr. Coniglio - aye - aye - aye - aye - aye MOTION CARRIED 5-0 NEW BUSINESS A. Runway 9-27 Relocation Project (Airport Transmittal 11/7/02) The City Manager provided information on the staff's recommendation to initiate a good faith purchase of the J&S Aviation, Inc. and Velocity, Inc. facilities and leaseholds. The Airport Director described Phase I of the project. Scott Baker, Vice-President of Velocity Aircraft, described his plans for future enhancements and sought City Council's blessing for his vision. Mr. Baker was commended by City Council for the advancement of his company. MOTION by Coniglio/Majcher "1 move that we endorse the policy of initiating a good faith purchase of facilities and leasehold interests as applicable, from both Velocity, Inc. and J & S Aviation, Inc." ROLL CALL: Mayor Barnes - aye Mr. Hill - aye Mr. Barczyk - aye Mr. Coniglio - aye Mr. Majcher - aye MOTION CARRIED 5-0 First Readin.q Ordinance No. 0-02-18- Implementin.q a Telecommunication Requlatory Ordinance - Schedule First Public Hearin,q for 12/11/02 (GMD Transmittal 11/7/02, O-02-18) AN ORDINANCE OF THE CITY OF SEBASTIAN, FLORIDA, AMENDING THE CITY CODE TO CREATE LAND DEVELOPMENT CODE CHAPTER 54-6, ARTICLE XXIII STANDARDS FOR TELECOMMUNICATIONS FACILITIES; PROVIDING FOR CONFLICT; PROVIDING FOR SEVERABILITY AND EFFECTIVE DATE. Regular City Council Meeting November 13, 2002 Page Twelve The City Attorney read Ordinance No. O-02-18 by title only, noted there will be two hearings, and the Growth Management Director described certain provisions of the ordinance for City Council. The City Attorney noted that the Planning Commission further suggested hiring an expert to grid out potential tower sites on city land as a lucrative revenue source. Mayor Barnes noted a type on page 180 typo - CC -"eight" should read "eighty". MOTION by MajchedConigio "1 move to hold a first reading of Ordinance No. O-02-18 and schedule a public hearing for December 11,2002 and add a second public hearing for January 8, 2003." ROLL CALL: Mr. Hill - aye Mr. Barczyk - aye Mr. Coniglio - aye Mr. Majcher - aye Mayor Barnes - aye MOTION CARRIED 5-0 02.247 First Readinq Ordinance No. O-02-19 - Modifying the Accessory Structure Regulation Section of Land Development Code - Schedule Public Hearinq 12/11/2002 (GMD Transmittal AN ORDINANCE OF THE CITY OF SEBASTIAN, FLORIDA, AMENDING THE LAND DEVELOPMENT CODE, ClTY CODE SECTION54-2-7.5 ACCESSORY STRUCTURES; PROVIDING FOR REPEAL OF ORDINANCES OR PARTS OF ORDINANCES IN CONFLICT HEREWITH; PROVIDING FOR SEVERABILITY; AND PROVIDING FOR AN EFFECTIVE DATE. The City Attorney read Ordinance No. O-02-19 by title and the Growth Management Director described the ordinance language. TAPE II - SIDE I (9:15 p.m.) Mayor Barnes suggested rewording language which allows accessory structures on secondary front yards of corner lots and the City Attorney suggested the following language: "Accessory structures may not be located in the secondary front yard of an improved corner lot unless the corner lot is joined to an interior lot which contains the primary structure." Regular City Council Meeting November 13, 2002 Page Thirteen After further discussion the wording was amended to "Accessory structures may not be located in the secondary front yard of an improved corner lot unless the corner lot is joined in unity of title within an interior lot that contains the principle structure." Mayor Barnes asked if quonset-type could be stronger. The Growth Management Director agreed to strengthen that definition. MOTION by Barczyk/Coniglio "Move to hold a first reading of Ordinance No. O-02-19 with changes, and schedule public hearing for December 11,2002." ROLL CALL: Mr. Barczyk - aye Mr. Coniglio - aye Mr. Majcher - aye Mayor Barnes - aye Mr. Hill - aye MOTION CARRIED 5-0 02.248 D. City Clerk's Performance Evaluation (HR Transmittal, Memo) The City Clerk received kudos from the City Council. MOTION by Barczyk/Coniglio "1 make a motion for a 5.5." Mr. Coniglio noted it should include "percent." ROLL CALL: Mr. Coniglio - aye Mr. Majcher - aye Mayor Barnes - aye Mr. Hill - aye Mr. Barczyk - aye MOTION CARRIED 5-0 13. CITY ATTORNEY MATTERS Wished the Department Heads a successful strategic planning session. Regular City Council Meeting November 13, 2002 Page Fourteen 14. CITY MANAGER MATTERS Wished everyone a happy Thanksgiving 15. CITY CLERK MATTERS Thanked City Clerk Office staff. 16. CITY COUNCIL MATTERS A. Mr. Coni,qlio Spoke of a recent medical emergency at Coldwell Banker in which the ambulance could not reach the patient. He requested that FEC Railroad be contacted to replace the barriers with "no parking", "no thoroughfare" signs. Reported that against staff; Planning and Zoning; and resident's wishes, the County Commission voted to change zoning of a piece of a property which would be undesirable. He expressed concerns that such undesirable rezoning to adjacent City properties could affect the City's future annexation plans. Stated that the County Commission has asked the County Attorney to review the contract as to who would have the authority to allow additional municipalities to broadcast on their government channel. B. Mayor Barnes Reported on a woman complaining about city spending money, i.e., clock, and additional stop signs within the City. C. Mr. Hill None. D. Mr. Majcher None. Regular City Council Meeting November 13, 2002 Page Fifteen 17. Mr. Barczyk Asked to place a prohibition on parking on both sides of Coolidge Street During events on a future agenda. Asked that the Yacht Club handicapped ramp be pressure cleaned. Being no further business, Mayor Barnes adjourned the Regular Meeting at 9:35 p.m. Approved at the December 11, 2002 Regular Council Meeting. Mayor Walter W. Barnes