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HomeMy WebLinkAbout07092008~~~ ~.~~ HOME OF PELICAN ISLAND SEBASTIAN CITY COUNCIL REGULAR MEETING MINUTES WEDNESDAY, JULY 9, 2008 - 6:30 P.M. CITY COUNCIL CHAMBERS 1225 MAIN STREET, SEBASTIAN, FLORIDA Mayor Coy called the Regular Meeting to order at 8:03 p.m. (A motion was passed at the preceding CRA meeting to finish that meeting before commencing the regular meeting.) 2. The Pledge of Allegiance was led by Mayor Coy. 3. There was a moment of silence. 4. Mayor Coy read the Civility Pledge. We will be respectful of one another even when we disagree. We will direct all comments to the issues. We will avoid personal attacks. 5. ROLL CALL City Council Present: Mayor Andrea Coy Vice-Mayor Sal Neglia Council Member AI Paternoster Council Member Dale Simchick Council Member Eugene Wolff Staff Present: City Manager, AI Minner City Attorney, Rich Stringer City Clerk, Sally Maio Deputy City Clerk, Jeanette Williams Airport Director, Joseph Griffin Growth Management Director, Rebecca Grohall Police Chief, James Davis Police Lieutenant, Michelle Morris MIS Systems Analyst, Rob Messersmith 6. AGENDA MODIFICATIONS Modifications and additions require unanimous vote of City Council members Mayor Coy advised that item #8C was withdrawn at the request of the applicant/ownerand due to the delay in starting the regular meeting; the scheduled proclamations will be postponed to the July 23~d Regular Meeting. Regular City Council Meeting July 9, 2008 Page Two 7. PROCLAMATIONS, AWARDS, BRIEF ANNOUNCEMENTS Presentations of proclamations, certificates and awards, and brief timely announcements by Council and Staff. No public input or action under this heading. 1 ~ by 4 h~+o Brief Announcements Mayor Coy announced the Joint ISBA Meeting will be July 23, 2008 in the Sebastian Chambers at 1:00 p.m. Mr. Neglia commended the Lions Club stating the Fourth of July parade and fireworks were great and commended City staff, noting there was no evidence in Riverview Park the next day that such an event took place. Ms. Simchick asked for the statistics of how many people attended the event. The City Manager offered to try to get a count and said he appreciated the comments regarding staff that took care of the event. 8. 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. 5-48 A. Approval of Minutes - 6/18/08 Special Meeting 49-60 B. Approval of Minutes - 6/25/08 Regular Meeting A RESOLUTION OF THE CITY OF SEBASTIAN, FLORIDA, APPROVING THE FINAL PLAT FOR A SUBDIVISION KNOWN AS ROHM COMMERCIAL; PROVIDING FOR CONFLICTS AND EFFECTIVE DATE. Item C had been withdrawn. MOTION by Mr. Paternoster and SECOND by Ms. Simchick by to approve consent agenda items A and B passed on a voice vote of 5-0. 2 Regular City Council Meeting July 9, 2008 Page Three 9. COMMITTEE REPORTS & APPOINTMENTS City committee reports and Council Member regional committee reports. No public input or action except for City committee member nominations and appointments under this heading. A. Natural Resources Board 08.025 i. Interview, Unless Waived and Submit Nominations for One Expired Position 73-~6 -Term to Expire 7/1/2011 (City Clerk Transmittal 6/26/08, Application, Board List Ad Mayor Coy announced Ms. Albury was not in attendance. MOTION by Mr. Neglia and SECOND by Ms. Simchick to waive the interview and nominate Lynn Albury passed with a voice vote of 5-0. 10. PUBLIC HEARINGS -None 11. UNFINISHED BUSINESS 08.079 A. Indian River Drive/Main Street Improvement Project (Same Backup as CRA Packet ~~ Separate Cover -City Manager Transmittal, Updated Cost Estimate/Budget; P & Z Minutes, Vegetation Charts, Final SBS Design, Alternate SBS Design and Restroom Conce t The following is the motion excerpt from the preceding CRA meeting: MOTION by Ms. Simchick and SECOND by Mr Neglia to authorize expenditure of the CRA money up to $1 million and defer to City Council for further management of the project. Roll call on the motion was as follows: Ayes: Neglia, Simchick, Coy Nayes: Paternoster, Wolff Motion carried 3-2. The City Manager said for the record, the motion was authorization to transfer the $1 million to the City Council and have Council move forward with the project. The City Manager said this is a continuation of the previous CRA meeting and he was seeking final direction and authorization and would answer any questions Council may have. Richard Gillmor, 744 Kroegel Avenue said he was here to support the project because of safety, community redevelopment issues, and said it's the right thing to do. Cindy Falco said she differed from the previous speaker, stating the project is a bad idea to please 28 people, and though she is not against boating, there is ample property behind the Hess Station to create a boat parking lot, and asked Council to vote no for this project. 3 Regular City Council Meeting July 9, 2008 Page Four Esther Merrill, Benedictine Terrace, said she is violently opposed to this project and she has had it with this Council because they do not listen to people. She said this is not the time for a project like this, and the money can be well spent in other ways. Chuck Lever said it has been brought up that there is a park behind the Chamber of Commerce that is to never change. He said the City is bound by F.S.267 and this will put the City in jeopardy of a lawsuit. Mr. Neglia asked if the City was in jeopardy. The City Attorney said he didn't believe so. Mr. Paternoster asked for something conclusive. The City Attorney said it is the nature of a lawyer to always say, "We might be." Ms. Simchick said even though the Hardee Oak is in the historic district, there is nothing to protect the tree. Mayor Coy asked Mr. Lever if he has ever been wrong with his interpretation of Florida Statute. Mr. Lever replied from the audience that was an open question. Mayor Coy said she knows of two times he did not correctly interpret the law. Mr. Paternoster asked for a point of order, saying the citizens are not on trial and he asked the Mayor to stop that line of questioning. Mayor Coy asked everyone to return to the issues. Lisanne Monier, 1125 US Highway 1, said she arrived in 1999 and Sebastian was a dump but she spoke to City staff and found out there was a vision and CRA plan which would entice businesses to come in. She said this meeting is to make a decision on design concept and she prefers the original drawing of Mr. Schulke. Damien Gilliams, 1623 US Highway1, said the Vice-Mayor had told him he would be against changing the use of Jordan Park, said the temporary driveway off US 1 will become permanent, suggested killing the project, noted the entrance to the City is the corridor off I- 95 with the City's eyesore garage, suggested taking the money and spreading it out over the CRA district in zones, challenged the Chamber of Commerce to move to the City Hall complex and help businesses through the permitting process so they might be permitted in 30 days instead of two years, and release its current prime property. Mayor Coy asked for a point of clarification on the City giving anything to the Chamber. The City Manager said the benefit is the infrastructure improvement, sewer hook-up to the City building which is needed. Mr. Paternoster asked if the sewer would be included in their planned improvements. The City Manager said the Chamber's planned improvements are for facade which can be done without sewer and Council may scratch the sewer hook-up but it is good construction sense to hook up while doing the restroom. 4 Regular City Council Meeting July 9, 2008 Page Five Mr. Wolff asked if Mrs. Sullivan is going to receive sewer and if it is mandated to hook-up. The City Manager said she will not receive sewer and he believed the County requires you to hook-up if sewer comes in your direction. Mr. Neglia asked what the Chamber's time line is to start their improvements and the City Manager said he thought they were in fundraising mode and waiting on a grant. He also said in their lease, they have so many years to improve the building. Beth Mitchell asked that Mr. Schulke to show a current aerial of the existing Jordan Park with parking areas. The City Attorney stated none of this project is within our historic district. The Mayor confirmed we have a historic tree not in a historic district. Mr. Schulke depicted the existing Chamber building, proposed Chamber parking, Mrs. Sullivan's property and the proposed realigned Indian River Drive. The City Manager confirmed there will be a temporary curb cut to access the Chamber from US 1, but disagrees that it will stay open because DOT is strict with regard to access to US1. He also noted the park is not used to its fullest potential, only Officer Poore's boat is there and if it was landscaped and sodded it would bring people in. He noted the current storm water retention will be relocated and parking for the Chamber can be located north across Main Street, however at the September 19, 2000 CRA meeting it was voted on to have eight spaces at the Chamber, which can still be taken out and landscaped. Jim Sunnycalb, 721 Easy Street, said we can't please everybody, so let's build it. Todd Klitenic, Barber Street, said he does agree with the City Manager that the Chamber deserves to have sewer, curb and gutter, asked why residents don't have sewer, and suggested spending the money on a new community center. The City Manager said to provide sewer for the whole town would be approximately $ 250 million to $300 million, and just a plant itself would be approximately $100 million. Don Wright, 720 N. Fischer Circle, said the debate has been endless and it's time to move forward. He urged Council to make a decision on the traffic and move ahead. Council Discussion 8:54 pm Mr. Wolff said it is quite a bit of money to save the Hardee Oak, which isn't any more significant because it was planted by Captain Hardee as opposed to being naturally grown. He said if he had known there is a deed dedicating the land to be a park, he would not have voted to put parking spaces in the park. He said he has a different opinion on the area being a focal point and he hasn't heard how this is going to fuel redevelopment. He said Council members have made up their minds tonight but what upsets him is that there is still the potential savings of $900,000 dollars, a design change would still do the basic changes and he was not sure the City will lose the grant money. He said the project is not what it is Regular City Council Meeting July 9, 2008 Page Six being touted and Mrs. Bennett was his hero for taking the time to come down to state her opinion. Mr. Paternoster said that Mr. Wolff basically covered everything he wanted to say. He thanked Mrs. Merrill because Council doesn't listen or recognize the petition which asks for a design change or re-engineering. He said we need to make sure everyone benefits from it and until he gets his questions answered, he will move on when he is comfortable. He said the project can be improved upon and if Council ignores the petition evidently Council is off kilter and if it does go though, he didn't think we should supply plumbing to the Chamber. Mayor Coy said in a perfect world she knows she wouldn't put a boat ramp in the center of town but we weren't here when that happened and she is not willing to take away the valuable asset. She noted the park designation, and land mass didn't change except for Ms. Boudrot's property. She said she knows how to get people to sign a petition and mentioned Planning and Zoning Commissioner, Keith Srinivasan had been against this project in the beginning as a citizen but since he has studied it at the Planning and Zoning meeting he has arrived with a new opinion and when people stand outside Dunkin Donuts, they will sign petitions because it sounds good. She said the one-way system is safer and she is ready to move forward. Ms. Simchick clarified that moving forward would entail authorization for the RFP for construction to go forward, so at this phase do we need to decide one-way. She apologized to Ms. Monier if she offended her for using her building as a public historic example. She said her preference is one-way also with a north bound entrance and south bound exit. She asked about there being only one commode in each bathroom and Mr. Schulke said that was purely for cost savings. She requested the price difference for one and two commodes. Mr. Schulke displayed pictures of maintenance free restroom facilities. 9:30 pm The City Manager said for final design, Council will need to decide queuing, Jordan Park parking and sewer connection for Chamber. Ms. Simchick said she has listened to many residents, she said she did receive a phone call from Carol Barry who signed the petition and has since requested removal of her name, and she is in favor of the project. Mr. Neglia clarified that what we are doing is redesigning the boat trailer parking from the west to the east side, he would like to cut the Chamber's parking in half, if it is to stay, and he would be in favor of one-way but there would have to be signs posted. He said it is hard to decide if 600 petition signatures are the majority of the people, there is a lot more information to get before signing a petition in front of Wal-Mart; and this is the right way for us to go. He said the only other problem he has is when the Chamber improvements get going, trucks will be going in and out of the area; and all through the months this has been going on, there is one resident that stated tearing up Main Street will make a parking lot. He said we are 6 Regular City Council Meeting July 9, 2008 Page Seven tearing up Main Street to make it better and the resident said people are losing businesses because we don't target tourism but we do as much as we can. He also said the person said she cried because four people lost their businesses but she should see how people are losing their homes. The resident responded from the audience and the Mayor gaveled the exchange between the two. Mr. Neglia said this is the right thing to do and good for people of Sebastian. The Mayor asked if the recommendation needed to be accepted from the CRA and then address the three issues. The City Manager said the motion could be to approve as designed by Schulke, then give guidance on three issues or wrap the three issues up into the motion and accept the Schulke design with modification to X,Y,Z. MOTION by Ms. SIMCHICK and SECOND by Mr. Neglia to accept the project as designed with modifications to the drive to head southbound, and to include the bathroom. Roll on the motion was as follows: Ayes: Simchick, Coy, Neglia Nayes: Paternoster, Wolff Motion carried 3-2. MOTION by Mr. Wolff and SECOND by Mr. Paternoster to bring back the parking behind the Chamber for a vote. Mr. Wolff said now that we know about Jordan Park, and knowing there will be sufficient parking across Main Street and not behind the Chamber, he would like to address this again. MOTION by Mr. Paternoster and SECOND by Mr. Wolff to eliminate all parking in Jordan Park. The City Attorney advised Mr. Wolff to withdraw his motion to discuss the parking because it was discussed and now there was a motion to eliminate the parking. Ms. Simchick asked if the Chamber of Commerce building was built on top of Jordan Park so the face of the park has already been changed. The City Attorney nodded yes. The City Clerk explained the entire block was the City Park in the 1930's, Candy Cane Park ran along Indian River Drive, the police station and city hall were built and the building is now the Chamber building and when she moved here, fire trucks used to pull up to fill up with water behind the building, and then Council dedicated an undeveloped portion to Colonel Jordan in 1974. Ms. Simchick clarified the question is: do we want parking or not, or do we want to go with the previous vote to have parking behind the Chamber which she would support. 7 Regular City Council Meeting July 9, 2008 Page Eight The City Manager clarified the question is do we want to go "no" parking advising that a handicapped space would be required, so he requested a motion include one handicapped space. Mr. Paternoster reminded everyone that handicapped space started the parking discussion. Mr. Paternoster amended his motion to have no parking other than handicapped accessibility. Ms. Simchick clarified the parking is going from 15 to two handicapped with the rest of the space to be landscaped and kept green. Mr. Wolff agreed to the amended motion. Roll call on the motion was as follows: Ayes: Wolff, Neglia, Paternoster Nays: Simchick, Coy Motion carried 3-2. Mayor Coy noticed the Abate group had returned back and asked Council if the proclamation could be read since they sat throughout the park discussion. Council agreed to allow her to read and present the proclamation to them. MOTION by Mr. Wolff and SECOND by Ms. Simchick to extend the meeting until 10:30 p.m. passed on a voice vote of 5-0. The Mayor read the proclamation stating July is motorcycle awareness month and presented it to Gail Heinbockel, Secretary, Abate of Florida. The Mayor asked to put their announcement, motorcycle classes, and phone number on Channel 25. The Mayor called recess at 9:58 p.m. and reconvened the meeting at 10:11 p.m. All members were present. 08.046 B. City Council Direction to Budget Advisory Committee (City Manager Transmittal) 79 The City Manager said he wanted to receive Council direction as we move into the budget season and that basically the budget is so simple, that it is extremely hard. He said the City could: A) Continue the same millage rate, 2.9917, but we area $ 500,000 out of balance; B) Balance the budget as is at rolled back rate which is about 3.36 and some change, which is the Amendment #1 number, noting the legislature said this year we can roll back with the homestead exemption; or C) to increase services/personnel, we would have to go above the rolled back rate with a supermajority vote. He said staff is also looking at a possible continuation of the early retirement buyout program, but further staff reduction will have some organizational issues. The City Manager reminded them the maximum levy recommendation will be on the next consent agenda. Regular City Council Meeting July 9, 2008 Page Nine Mr. Neglia stated right now we are at 2.9917 and if we go to 3.3646, and asked if that wouldn't increase our services. The City Manager said no, in fact it is a tax decrease because Amendment 1 mandated decreasing taxable value by $ 25,000 and the falling market added on top of that and he will have charts on average houses to show how that will break down. Mr. Neglia asked if we go to 3.7060 we would need a supermajority vote and asked would the tax increase. The City Manager said yes the vote would be needed, but it would not increase because it would be the same amount people are paying today. Mr. Paternoster asked if we stay at 2.99 and take $250,000 from general funds, could we still keep that millage rate. The City Manager replied yes. The Mayor reminded everyone that the Citizens Budget Review Advisory Committee will meet on July 21St, and July 31St if needed. 12. PUBLIC INPUT Public Input for each individual is five minutes; however, it can be extended or terminated by a majority vote of Council members present. Ken Moskowitz, 103 Tracy Drive, Sebastian, said he is a 17-year resident, boater and would like to speak on the proposed Flagship Marina purchase. He said he had nothing to gain from the purchase and he is an acquaintance of Mr. Gilliams. The Mayor asked him if he wanted to wait until the item is discussed. Mr. Moskowitz said he would wait. The City Manager suggested a special meeting to finish the unresolved matters as the July 23~d agenda has some issues that will take some time. MOTION by Mr. Paternoster and SECOND by Ms. Simchick to carry the issues over to a special meeting on July 16th, 2008 passed with a voice vote of 5-0. The Mayor adjourned the regular meeting at 10:26 p.m. The following items were not addressed and were carried to the July 16th Special Meeting. 13. NEW BUSINESS 08.083 A. Consider Flagship Marina Offer (City Manager Transmittal, CRA Spreadsheet, 81-89 Previous Land Purchase Report, Three Appraisals [Benson, Armfield, Klein] Under Separate Cover) 08.084 B. G & R Development, LLC Airport Lease Agreement and Lease Option Agreement 91-144 (Airport Manager Transmittal, Lease Agreement, G & R Business Plan for Condominium Hangar Project at X26) 9 Regular City Council Meeting July 9, 2008 Page Ten 08.024 C. Airport - FPL Utility/ITT FAA Navigation Tower Easement (City Attorney Transmittal, 145-150 Grant of Easement w/Legal and Schematic, 2/13/08 Minutes Excerpt, Airport E-Mail) 08.085 D. First Reading of Ordinance No. 0-08-05 -Marina and Dock Facilities -Electrical and 151-168 Lighting Plans -Set Public Hearing for 8/13/08 (City Attorney Transmittal, Proposed 0-08-05, City Attorney Memo 6/9, Proposed 2008 ZTA #1, and P & Z Minutes) AN ORDINANCE OF THE CITY OF SEBASTIAN, FLORIDA, AMENDING CODE OF ORDINANCES SECTION 54-3- 11.4(~ COASTAL RESOURCE IMPACT ANALYSIS: MARINAS AND DOCK FACILITIES TO ADDRESS ELECTRICAL AND LIGHTING PLANS; PROVIDING FOR SEVERABILITY, CONFLICTS AND EFFECTIVE DATE. 08.086 E. First Reading of Ordinance No. 0-08-06 -Marina Parking Requirements -Set Public 169-202 Hearing for 8/13/08 (City Attorney Transmittal, Proposed 0-08-06, 6/19/08 P & Z Minutes, Proposed ZTA #2, P & Z Backup from 3/6/08, City Attorney Memo 2/28/08, GMD Sample LDC Provision) AN ORDINANCE OF THE CITY OF SEBASTIAN, FLORIDA, AMENDING CODE OF ORDINANCES SECTION 54-3- 15.2 PARKING SPACES REQUIRED BY USE TO ADDRESS MARINAS AND WATERFRONT RESTAURANTS; PROVIDING FOR SEVERABILITY, CONFLICTS AND EFFECTIVE DATE. 08.054 F. First Reading of Ordinance No. 0-08-07 -Specified Commercial Signage -Set 203-214 Public Hearing for 8/13/08 (Growth Management Transmittal, 0-08-07, P & Z Minutes 5/14/08 and 6/19/08) AN ORDINANCE OF THE CITY OF SEBASTIAN, FLORIDA, ENACTING TEMPORARY RELIEF MEASURES FOR SPECIFIED COMMERCIAL SIGNAGE TO ADDRESS THE CURRENT ECONOMIC DOWNTURN; PROVIDING FOR SEVERABILITY, CONFLICTS, SUNSET AND EFFECTIVE DATE. 08.087 G. Consider Offer to Compromise Fine Amount and Authorize Release of Lien in Code 215-219 Enforcement Case #07-03445 for the Amount of $5200 (City Attorney Transmittal) 14. CITY ATTORNEY MATTERS 15. CITY MANAGER MATTERS 08.088 A. Movies in Park (City Manager Transmittal, DVD on File in Clerks Office) 221 16. CITY CLERK MATTERS 17. CITY COUNCIL MATTERS Approved at the July 23'd, 2008 Regular City Council meeting. Andrea Coy, Mayor ATTES ~. Sally A. Maio, C -City Clerk 10