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HomeMy WebLinkAbout01222003 REGULARCITY OF HOME OF PELICAN ISLAND SEBASTIAN CITY COUNCIL MINUTES REGULAR MEETING WEDNESDAY, JANUARY 22, 2003 - 7:00 P.M. CITY COUNCIL CHAMBERS 1225 MAIN STREET, SEBASTIAN, FLORIDA 2. 3. 4. The Mayor called the Regular Meeting to order at 7:00 p.m. The Pledge of Allegiance was recited. A moment of silence was held. 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 City Engineer, David Fisher Stormwater Engineer, Ken Jones Finance Director, Mark Mason Growth Management Director, Tracy Hass Police Captain, Dave Puscher Public Works Director, Terry Hill Regular City Council Meeting January 22, 2003 Page Two 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. PROCLAMATIONS~ ANNOUNCEMENTS 03.015 1-2 City of Sebastian Employee Mission Statement Presented to Council (HR Transmittal 1/15/03, Statement) Mayor Barnes read the City of Sebastian "Mission Statement" and the City Council unanimously accepted it as read. 03.017 C. United Way "Week of Carinq" Proclamation Mayor Barnes read and presented a proclamation to Mr. & Mrs. John Moore for the United Way "Week of Caring" campaign. He thanked Terrence Moore and Jim Sexton for their assistance with the United Way campaign. 03.016 B. Certificate of Appreciation to Wal-Mart for Community Service Mayor Barnes read the certificate of appreciation, however, no one from Walmart was present to accept. 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. 3-16 A. Approval of Minutes - 1/8/03 Regular Meeting 03.018 17-22 Bo Resolution No. R-03-01 Final Plat Approval of Sebastian Lakes PUD Phase III (GMD Transmittal 1/15/03, R-03-01, Application, Plat and location map) A RESOLUTION OF THE CITY OF SEBASTIAN, INDIAN RIVER COUNTY, FLORIDA, APPROVING THE FINAL PLAT FOR A SUBDIVISION KNOWN AS SEBASTIAN LAKES PUD PHASE III; PROVIDING FOR CONFLICTS HEREWITH; PROVIDING FOR EFFECTIVE DATE. 2 Regular City Council Meeting January 22, 2003 Page Three 03.019 C. 23-28 Resolution No. R-03-02 Final Plat for Phase IV of Fischer Lake Island Subdivision (GMD Transmittal 1/15/03, R-03-02, Application, Plat) A RESOLUTION OF THE CITY OF SEBASTIAN, INDIAN RIVER COUNTY, FLORIDA, APPROVING THE FINAL PLAT FOR A SUBDIVISION KNOW AS FISCHER LAKE ISLAND PHASE IV; PROVIDING FOR CONFLICTS HEREWITH; PROVIDING FOR EFFECTIVE DATE. 03.020 D. 29-44 Resolution No. R-03-04 Vacation of Easement- Saito Lots 7 & W ¼ of Lot 8, Block 170, Sebastian Highlands Unit 5 (GMD Transmittal 1/15/03, R-03-04, Grant of Easement, Map, Staff Report, Application, Utility Letters) A RESOLUTION OF THE CITY OF SEBASTIAN, INDIAN RIVER COUNTY, FLORIDA, VACATING CERTAIN EASEMENTS OVER LOTS7 AND WESTERN ~ OF 8, BLOCK 170, SEBASTIAN HIGHLANDS UNIT 5, PROVIDING FOR CONFLICTS HEREWITH; PROVIDING FOR RECORDING; PROVIDING FOR EFFECTIVE DATE. 03.021 E. 45-50 Interlocal Agreement Addendum Between the City of Sebastian and Indian River County Regarding Impact Fee Abatement (City Attorney Transmittal 1/14/03, Addendum, Executed Agreement) 03.022 F. 51-52 Approve March of Dimes WalkAmerica 2003 at Riverview Park on March 22, 2003 from 6:00 am to 11:00 am and Approve Closing Indian River Drive from Sebastian Blvd. To Harrison Street from 6:00 am to 11:00 am (Public Works Transmittal 1/15/03, Letter) O3.O23 G. 53-56 Authorize the Travel of Mayor Barnes and Vice-Mayor Hill to National League of Cities Congressional City Conference in Washington, DC From March 6-11,2003 (City Clerk Transmittal 1/15/03, Info) 03.024 H. 57-58 Authorize the Travel of City Attorney to Florida Bar Government Lawyer Section Seminar in Tallahassee, January 30 to Feb. 1,2003 (City Attorney Transmittal 1/16/03) The City Attorney read Resolution titles R-03-01, R-03-02 and R-03-04 and Mr. Hill removed item D for discussion. MOTION by Majcher/Barczyk I make a motion to approve items A, B, C, E, F, G, and H." ROLL CALL: Mayor Barnes - aye Mr. Hill - aye Mr. Barczyk - aye Mr. Coniglio - aye Mr. Majcher - aye Roll Call Carried 5-0 Regular Ci~ Council Meeting Janua~ 22,2003 Page Four Item D Mr. Hill asked about the city's utility report stating that 5 foot of easement would be needed on both sides of the dividing line. The Growth Management Director stated he would verify that 5 foot would be available from the adjoining lot. The City Attorney responded that until the lot is used the easement could be required but it may remain vacant and council may grant approval upon the condition of requiring a 10 foot easement. The Growth Management Director stated the easement on the vacant lot may be in existence and that approval could be conditional if there is an easement and if there is not, a 10 foot easement would be required. Mr. Hill also asked about the meter boxes which would have to be relocated at the owner's expense. MOTION by Hill/Coniglio "1 would be inclined to approve this under the stipulation that if the owner of lot 8, block 170 does not have a 5 foot easement along that portion of the property line, then we would require a 10 foot easement on lot 8, block 170 actual western half." ROLL CALL: Mr. Hill - aye Mr. Barczyk - aye Mr. Coniglio - aye Mr. Majcher - aye Mayor Barnes - aye Roll Call Carried 5-0 8. COMMITTEE REPORTS/RECOMMENDATIONS - none None. 9. PUBLIC HEARING - none 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- limit of 10 minutes each speaker Lynn Mueller, 116 Albia Drive, Sebastian, spoke on visits in her neighborhood from members of EcoTroop. She read from a prepared statement expressing her concern for the approach used by school representatives, whether it ethical, and stated that people in her neighborhood want to understand the need for Regular City Council Meeting January 22, 2003 Page Five properties that are seeded throughout the neighborhood. She asked the Council to consider the ramifications to the landowners themselves. Mayor Barnes responded that it was his understanding that the students were interested in purchasing the remainder of lots to fill in properties adjacent to what they have already purchased. The City Manager said he had spoken to Pelican Island Elementary Principal Bonnie Swanson today and subsequent efforts have developed amicably between the landowners and the students. He further stated the Eco Troop will provide a presentation to answer Council's concerns at the February 12, 2003 meeting. Mrs. Mueller said she understands the students' passion, yet there is a proper way to approach people; and she handed out a summary of her statement (see attached). Mayor Barnes noted that the School Board meeting will be held in the Council Chambers on January 28, 2003 with a brief ceremony relative to the lots. 11. OLD BUSINESS 03.025 59-60 Ancillary Presentation by Camp, Dresser and McKee, Inc. Relative to the Master Stormwater Plan (Engineering Transmittal 1/15/03) The City Manager introduced Eric Groetke, Camp, Dresser and McKee, Inc., and noted that the final master plan will be brought back at a later date for formal adoption. Mr. Groetke introduced Doug Multon and Mike Schmidt, and noted they had distributed an updated version of the plan. He then gave a presentation on primary system conceptual costs at a total of $4.4 million; problem areas; estimated conceptual costs; SJRWMD issues; alternatives analysis - pollutant load reduction; front yard swale problem areas; replacement scenarios; assumptions; permitting considerations and treatment costs; and recommendation for use of Easy Street as a pilot study for the Miami curb system. Mr. Groetke responded to questions from City Council relative to swale drainage vs. curb, and wet detention, and the need to move away from the swale system to take the City into the future. Regular City Council Meeting January 22, 2003 Page Six The City Manager said the most recent update does incorporate curb and gutter. Mr. Hill reiterated that there needs to be an outline of how the City's drainage will be addressed over a twenty year period. Russ Owen, Columbus Street, Sebastian, suggested installation of pumps to push water to retention areas. Robert Pliska, Sebastian, said Miami curbing will break off the edge of roads, and that building codes relative to driveways will have to be changed. The City Manager said Schumann Drive has had curb and gutter since the 1950's. The Finance Director gave a brief presentation on the re-evaluation of the stormwater bond, stating it was more applicable to apply for available funds from Environmental Protection Agency (EPA) and St. Johns River Water Management District (SJRWMD) and bond the balance if necessary. He explained the $48 stormwater assessment per ERU was not designed to put Miami curbing in front of everyone's houses. He said staff would not proceed with the bond until they come back to Council with an evaluation of the needed bond amount. It was noted that the newer developments have curb and gutter. The City Manager said later in 2003 once the plan is adopted, discussions relative to grant funding will be held with EPA and St. Johns. It was suggested that Planning and Zoning and Growth Management meet with the City Attorney to start the process of amending the future subdivision requirements to include curb provisions. Mayor Barnes called recess at 8:28 p.m. and reconvened the meeting at 8:41 p.m. All members were present. 03.026 61-62 Bo Parking on Coolidge Street (Engineering Transmittal 1/15/03) The City Engineer recommendation was to permanently prohibit parking on the south side of Coolidge Street and the Public Works Director recommended the north side. It was recommended that adjacent property owners be contacted. The City Manager said a resolution will be presented in accordance with the Code of Ordinances on February 12, 2003. It was the consensus of City Council for staff to talk to property owners. Regular Ci~ Council Meeting Janua~ 22,2003 Page Seven 12. O3.O27 63-86 03.028 87-98 NEW BUSINESS R-03-03 Adopting Amended Fiscal Year 2002-03 Budqet (Finance Transmittal 1/16/03, R-03-03, Memo, Reports, Schedules) A RESOLUTION OF THE CITY OF SEBASTIAN, INDIAN RIVER COUNTY, FLORIDA ADOPTING AN AMENDED BUDGET FOR THE FISCAL YEAR BEGINNING OCTOBER 1,2002 AND ENDING SEPTEMBER 30, 2003 AS PROVIDED FOR IN EXHIBIT "A"; PROVIDING FOR CONFLICTS; AND PROVIDING FOR AN EFFECTIVE DATE. The City Attorney read Resolution No. R-03-03 by title. The Finance Director briefly described the amended funds. He was commended for his report. MOTION by Coniglio/Hill "Move to approve Resolution No. R-03-03." ROLL CALL: Mr. Barczyk - aye Mr. Coniglio - aye Mr. Majcher - aye Mayor Barnes - aye Mr. Hill - aye Roll Call Carried 5-0 First Reading O-03-01 Petition for Voluntary Annexation by Dr. Hadi Shaloub for a .75 Acre Parcel of Land - Schedule Public Hearinq for Feb. 12, 2003 (GMD Transmittal 1/15/03, O-03-01, Letter, Map, Survey, F.S. 171.044) AN ORDINANCE OF THE CITY OF SEBASTIAN, FLORIDA, PROVIDING FOR THE VOLUNTARY ANNEXATION OF 0.75 ACRES, MORE OR LESS, BEING LOT 18 JEANS UNIT INDIAN RIVER TVVlN ESTATES; PROVIDING FOR INTERIM LAND USE AND ZONING CLASSIFICATION; PROVIDING FOR CONFLICT; PROVIDING FOR EFFECTIVE DATE. The City Attorney read the ordinance by title and stated this would establish a new northern point for the city. The City Manager stated this will be the doctor's office and it conforms to the Land Development Codes. MOTION by Majcher/Coniglio "Move to pass Ordinance No. O-03-01 on first reading and schedule a public hearing for February 12, 2003." 7 Regular City Council Meeting January 22, 2003 Page Eight ROLL CALL: Mr. Coniglio - aye Mr. Majcher - aye Mayor Barnes - aye Mr. Hill - aye Mr. Barczyk - aye Roll Call Carried 5-0 03.029 99-102 First Readin.q O-03-02 November Elections - Schedule Public Hearing For February 26, 2003 (City Attorney Transmittal 1/16/03, O-02-03) AN ORDINANCE OF THE CITY OF SEBASTIAN, FLORIDA, AMENDING CITY CHARTER TO PROVIDE FOR NOVEMBER ELECTIONS OF COUNCIL; PROVIDING FOR TRANSITION; PROVIDING FOR CONFLICTS AND EFFECTIVE DATE. Mayor Barnes said he had discussed this matter with Supervisor of Elections Kay Clem and she had advised him that the City seats may appear at the end of very full ballots in November and that a new proposal forming super voting areas that would allow people to vote a week prior to an election might be more helpful with the City's intent to increase voter turnout. The Mayor further relayed that the Supervisor is willing to do this if all the cities wanted to do it; and he had contacted the Fellsmere mayor and would be glad to contact the other mayors. He also advised that the Supervisor would be happy to speak to Council if requested to do so. The majority of Council members were in favor of November elections, and it was noted that the Charter Review Committee had strongly recommended it. Mayor Barnes said he would contact Mrs. Clem to attend the February 12t~ meeting to address Council and would also call mayors of other cities prior to the hearing. The City Attorney read the ordinance by title. MOTION by MajchedHill "1 move to pass Ordinance, this is an ordinance, 0-03-02 on first reading and schedule public hearing for February 26, 2003." Regular City Council Meeting January 22, 2003 Page Nine ROLL CALL: Mr. Majcher Mayor Barnes Mr. Hill Mr. Barczyk Mr. Coniglio - aye - aye - aye - aye - aye Roll Call Carried 5-0 13. CITY ATTORNEY MATTERS Stated the Code Enforcement Officers asked for an ordinance decreasing the compliance time for incorrectly displayed house numbers which is in the LDC which must go before Planning and Zoning Commission then come to Council in the future. 14. CITY MANAGER MATTERS Reported on a bank robbery today at Suntrust Bank in Roseland. 15. CITY CLERK MATTERS Reported that election qualifying closes this Friday at 4:30 p.m. and so far there are three candidates. 16. CITY COUNCIL MATTERS A. Mr. Majcher None. B. Mr. Barczyk None. C. Mr. Coni.qlio Requested an ordinance allowing political signs only on improved properties, and imposing a fine for violations. The City Attorney said the City could at least require a notarized statement of authorization from the property owner, but said he would look into any rulings on this. The City 9 Attorney also suggested a limiting the number of signs on single ownership property. Regular Ci~ Council Meeting Janua~ 22,2003 Page Ten D. Mayor Barnes Mayor Barnes requested an ordinance restoring hours of operation for construction activities. The City Attorney said it could be incorporated into the Code of Ordinances Nuisance section. 1. Candidates Forum The Mayor recommended that there be only one televised candidates forum. The City Manager said there had been a request for March 4th which can include whatever groups that would be interested. The Mayor invited interested parties to participate. It was the consensus of Council that there be only one televised event and that groups can work together if they wish. E. Mr. Hill None. 17. Being no further business, the Mayor adjourned the meeting at 9:23 p.m. Approved at the Feb. 12, 2003 Regular City Council Meeting. Walter W~ Barnes Mayor ATTEST: -$~"a~)-A. MaTo, C-..: ~i{y Clerk ~ ~."-.:. ~- ]0 INTRODUCTION OF NEW BUSINESS FROM THE PUBLIC SIGN-UP SHEET JANUARY 22, 2003 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 10 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 for public input prior to Council deliberation on each agenda item. Please raise your hand when he calls for input. Name: New Subject: Name: New Subject: Name: New Subject: Name: New Subject: Name: New Subject: Name: New Subject: ~lanuar~ 22, 2003 SUM MARY This month individuals from "Eco-Troop" solicited our neighborhood using a petition and a color-coded map of the immediate area to explain they ~need" ~5 vacant lots for a conservation pro~ect for Pelican ~sland Elementary. They have acquired ~2 lots. The remaining three lots have been difficult to acquire. This group states they want public support to force the remaining 3 individuals to sell their land so they can complete their conservation pro~ect. · concerns. #1) Why all the land? The color-coded map they showed us outlines vacant Iot~; acquired and not yet acquired. Of the 15 lots they wish to own, not all the land adjoins existing school property. As a matter of fact, some of the vacant land already owned is completely off school grounds, ie: across the street and peppered in our neighborhood. #2) Are acquisition efforts ethical? All this in the name of conservaUon'? The solicitor who came to our door gave us an "update" on prior failed efforts: "We've been after her for a long time with no response." "We've even contacted her neighbors trying to get her to sell." "She's not doing anything with it. Tt's just sitting there. :[ts not doing her any good. She can't build on it anyway. She needs to give it up. Either way, she needs to sell it or we'll force her to sell it." #3) What's the BIG picture? Are the partners involved in this, including The Audubon Society, aware that there are lots purchased off school grounds? #4) Who's accountable? Who holds the title to the land acquired? Who can sell it? Who will profit from the sale if/when the land is eventually sold? What type of financial account was established to collect the donations? Who handled the real estate transactions and at what cost? #5) How much property does the "school" intend to own? Are children being exploited? In a letter to the Mayor Dated January 17~, lens Tripson writes "The children are continuing to work on purchasing the three lots and are planninq tO raise more money to purchase even more I0~". · How far will the school property expand? · How far does the school property need to expand? · When is enough...enough? · :[s all the land they are purchasing "Scrub .lay?" · We have sccn adults and children working together to raise funds in neighborhoods. What are the public and private sources? Thank you for the opportunity to speak to the council. Respectfully submitted Home-owners Sebastian Highlands 2