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HomeMy WebLinkAbout02132002City Council Present: Mayor Walter Barnes Mr. Joe Barczyk Mr. Edward J. Majcher, Jr. Mr. James Hill Mr. Ray Coniglio CI1Y OF SL S1iAN HOME OF PELICAN ISLAND SEBASTIAN CITY COUNCIL MINUTES REGULAR MEETING WEDNESDAY, FEBRUARY 13, 2002 7:00 P.M. CITY COUNCIL CHAMBERS 1225 MAIN STREET, SEBASTIAN, FLORIDA ALL AGENDA ITEMS MAYBE INSPECTED IN THE OFFICE OF THE CITY CLERK 1225 MAIN STREET, SEBASTIAN, FLORIDA Individuals will address the City Council with respect to agenda items immediately before deliberation of the item by the City Council limit of ten minutes per speaker (R- 99 -21) 1. Mayor Barnes called the Regular Meeting to order at 7:00 p.m. 2. The Pledge of Allegiance was recited. 3. A moment of silence was held. 4. ROLL CALL Staff Present: City Manager, Terrence Moore Deputy City Clerk, Jeanette Williams Information Specialist, Ann Rousseau Airport Director, Jason Milewski Finance Director, Mark Mason Golf Course Director, Greg Gardner Growth Management Director, Tracy Hass Public Works Director, Terry Hill Lt. Gene Ewert Officer Theo Robinson Regular City Council Meeting February 13, 2002 Page Two 5. 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) Mayor Barnes requested to move new business item A to the last item on the agenda. It was consensus of council to do so. 6. PROCLAMATIONS, ANNOUNCEMENTS AND /OR PRESENTATIONS 02.033 A. Mayor Barnes read the proclamation honoring the English Band, Sedgehill and invited the public to see the band at Sebastian River High, Friday night at 7:00 p.m. 02.034 B. Mayor Barnes read the proclamation honoring the Liberty Tree Memorial Program. 02.015 C. Mayor Barnes read the certificate of appreciation to Robert Browning who served on the Handicapped Self- Evaluation Committee, however he was not in attendance to receive it. 02.015 D. Mayor Barnes also stated a certificate of appreciation was for Herbert Albrecht, who served on the Handicapped Self- Evaluation Committee, however he was not in attendance to receive it. 7. CITY ATTORNEY MATTERS 02.022 A. Chamber of Commerce Comprehensive Property Settlement and Escrow Agreement The City Manager stated the agreement is rewritten as directed by Council last November. Beth Mitchell, Executive Director, stated the Chamber Board held a retreat to consider the changes requested by council and future campaign funding initiatives. Discussion followed concerning the possibility of changing the existing structure, leasing the land the structure is on and the language of the documents. MOTION by Majcher /Hill "I make a motion that we just hold it over and confer with the City Attorney on it just for clarification." ROLL CALL: Motion Carried 5 -0 Mr. Barczyk -aye Mr. Majcher -aye Mr. Hill -aye Mr. Coniglio -aye Mayor Barnes -aye 2 Regular City Council Meeting February 13, 2002 Page Two 8. CITY MANAGER MATTERS None. 9. CITY CLERK MATTERS None. 10. CITY COUNCIL MATTERS Mr. Barczvk Expressed concerns regarding the recent dog attacks and stated the county is considering an ordinance to address vicious dogs. He also stated concerns with animal control responding to calls. Mayor Barnes agreed the ordinance does need to be changed. He suggested a letter to the county commission expressing council's concerns regarding dog attacks. MOTION by Barnes /Coniglio "I'll make a motion that we do draft a letter to the county regarding the strengthening of the dog, vicious dog, dangerous dog, ordinance." ROLL CALL: Motion carried 5 -0 Mr. Maicher Mr. Majcher -aye Mr. Hill -aye Mr. Coniglio -aye Mayor Barnes -aye Mr. Barczyk -aye Added a fundraiser is being held at Earl's Hideaway, Saturday for the child attacked by the dog. Expressed concerns regarding the intersection at Barber and Schumann Drive. The City Manager stated Tim Rose Construction is in the process of installing a traffic light at that intersection. Mr. Hill Expressed concern regarding the dog attack. Asked about the Filbert Street location and the storage of the materials. The City Manager stated the plans are underway to develop a passive park and making arrangements to relocate the materials and finalizing a deadline. 3 Regular City Council Meeting February 13, 2002 Page Two Mr. Coniglio 02.010 Mayor Barnes A. Stated St. Lucie is drafting a dog ordinance that maybe the City should consider. Stated the north county pool is scheduled to be done mid October. Warned citizens not to take land crabs. Reported that Indian River County is working with access to agriculture land off 130 Complimented the City Manager and staff on golf course. Expressed gratitude for A T T's extra channel 67 to watch the Olympics. Stated he is still receiving calls regarding rubbish removal and requested an update from Capital Sanitation. Commended City board and committee members and requested additional volunteers to serve. Expressed gratitude for A T T's channel 67 Advised that Sally Dale Wimbrow had passed away Feb. 11 Requested a motion to seat Julianne Barrett on the County Parks and Recreation Committee. MOTION by Coniglio /Majcher "So Moved." ROLL CALL: Mr. Hill -aye Mr. Coniglio -aye Mayor Barnes -aye Mr. Barczyk -aye Mr. Majcher -aye Motion carried 5 -0 Mayor Barnes stated the dog attack victim was bitten twice by the same dog and changes are needed; also there is an account established at First Union bank for the family. Tut Connelly stated the Shriners plan to help the child. 11. 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 1/23/2002 Regular Meeting 02.023 B. Receive Code Enforcement Orders Case Nos. 2001 13677, 2001 17194, 2001 -19663 dated 1/22/2002 (City Clerk Transmittal, orders) 4 Regular City Council Meeting February 13, 2002 Page Five 02.024 C. Resolution No. R -02 -04 Change in Polling Places for Precincts 14 and 15 (City Clerk Transmittal 2/1/02, R- 02 -04) A RESOLUTION OF THE CITY OF SEBASTIAN, INDIAN RIVER COUNTY, FLORIDA, AMENDING RESOLUTIONS NO. R -01 -85 RELATIVE TO THE MARCH 12, 2002 GENERAL MUNICIPAL ELECTION, AMENDING THE LIST OF OFFICIAL POLLING PLACES; PROVIDING FOR REPEAL OF RESOLUTIONS OR PARTS OR RESOLUTIONS IN CONFLICT HEREWITH; AND PROVIDING FOR AN EFFECTIVE DATE. 02.025 D. Resolution No. R -02 -05 Authorize Application for Waterways Assistance Program Grant (City Manager Transmittal 2/7/02, R- 02 -05) A RESOLUTION OF THE CITY OF SEBASTIAN, INDIAN RIVER COUNTY, FLORIDA, AUTHORIZING THE CITY MANAGER TO APPLY FOR A WATERWAYS ASSISTANCE PROGRAM GRANT FROM THE FLORIDA INLAND NAVIGATION DISTRICT; PROVIDING FOR CONFLICT; PROVIDING FOR EFFECTIVE DATE. 02.026 E. Authorize the Sebastian River Ministerial Association to hold Annual Easter Sunrise Service at Riverview Park on March 31, 2002 from 6:00 am to 8:00 am (Parks Transmittal 2/7/02, letter) 02.027 F. Authorize Street Closings and Beer Sales for 3 Annual Sebastian Riverfront Fine Art and Music Festival (Parks Transmittal 2/6/02, Memo) The Deputy City Clerk read Resolution Nos. R -02 -04 and R -02 -05 by title. Mr. Majcher pulled item D and Mayor Barnes pulled item B. MOTION by Majcher /Barczyk "I move to approve items A, C, E F on the consent agenda." ROLL CALL: Mr. Coniglio -aye Mayor Barnes -aye Mr. Barczyk -aye Mr. Majcher -aye Mr. Hill -aye Motion carried 5 -0 Item B Mayor Barnes asked how fines would be collected relating to the code enforcement orders listed in item B. He also asked what will happen after 30 days with the Phelps Garage order. The City Manager stated the City Attorney could give council a report at the next meeting. MOTION by Barnes /Hill "Alright, let's let Rich report, I think if this needs somehow tightening up then it should be done because I can't see these things going on and on forever, in the meantime I will vote to approve item B." 5 Regular City Council Meeting February 13, 2002 Page Six Item D Mr. Majcher had concerns about the need and overlapping of services for a boat. Discussion followed on boater safety, derelict vessels and police presence. The City Manager stated recouping costs through fining procedures is planned to be presented in the future and that this resolution is simply an application at this point and awarded funding could be turned down. MOTION by Majcher /Coniglio "In lieu of what the City Manager has stated, I would go ahead and move that we approve item D of the consent agenda with the recommendation that down the road we would have to come up with some finalized ideas and concepts to put this into work." ROLL CALL: Motion carried 5 -0 12. PUBLIC HEARING Mr. Barczyk -aye Mr. Majcher -aye Mr. Hill -aye Mr. Coniglio -aye Mayor Barnes -aye 02.018 A. Ordinance No. 0 -02 -04 Board of Adiustment Redesignation (City Attorney Transmittal 2/7/02, 0- 02 -04, Legislative and Final Format) AN ORDINANCE OF THE CITY OF SEBASTIAN, FLORIDA, AMENDING LAND DEVELOPMENT CODE SECTION 54- 1 -2.5, BOARD OF ADJUSTMENT; PROVIDING FOR CONFLICTS; PROVIDING FOR SEVERABILITY; PROVIDING FOR AN EFFECTIVE DATE. The Deputy City Clerk read the title and the Mayor opened the public hearing at 7:58 p.m. The City Manager stated the ordinance was straight forward. There being no public input, the Mayor closed the hearing at 8:00 p.m. MOTION by Hill /Majcher "I move to pass Ordinance 0- 02 -04." ROLL CALL: Motion carried 5 -0 Mr. Majcher -aye Mr. Hill -aye Mr. Coniglio -aye Mayor Barnes -aye Mr. Barczyk -aye 6 Regular City Council Meeting February 13, 2002 Page Seven 02.008 B. Ordinance No. 0 -02 -02 Parking Nuisances (City Attorney Transmittal 2/7/02, 0- 02 -02) AN ORDINANCE OF THE CITY OF SEBASTIAN, FLORIDA, AMENDING CODE OF ORDINANCES SECTION 66 -3 (NUISANCES) ILLUSTRATIVE ENUMERATION; PROVIDING FOR CONFLICTS, SEVERABILITY, AND EFFECTIVE DATE. The Deputy City Clerk read the title. Mayor Barnes stated this item was coming back to council and he opened the public hearing at 8:01 p.m. There being no public input, he closed the hearing. MOTION by Coniglio /Barczyk "I move to adopt Ordinance 0- 02 -02." ROLL CALL: Mr. Hill -aye Mr. Coniglio -aye Mayor Barnes -aye Mr. Barczyk -aye Mr. Majcher -aye Motion carried 5 -0. 13. 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 ten minutes for each speaker Henry Dolan, 444 Ponoka Street, gave a presentation on drainage problems within his subdivision. Tape 1, Side 11(8:03 pm) The City Manager stated that the Public Works Director and Growth Management Director have been in touch with Mr. Dolan. The Growth Management Director presented an overhead projection which indicated drainage tracts and naturally low land, including the lowest point of the city. The Growth Management Director indicated that the developer has regraded areas and installed two drains. The last area was not backfilled until direction from meeting tonight. The developer is correcting the problem, however, some areas have not been corrected because they are designated wetlands. Discussion followed on types of drains and water accumulation. Council asked the Public Works Director and Growth Manager to stay on top on the situation. Mayor Barnes requested an update in a month. 14. COMMITTEE REPORTS /RECOMMENDATIONS 02.014 A. Planning and Zoning Commission 1. Interview, Unless Waived and Appoint to Regular Member Position to Planning and Zoning Board (City Clerk Transmittal 1/31/02, Applications, Advertisements, Board Members) Mr. Hill made a motion to reappoint William Mahoney. Council then interviewed Eva Schofield and urged her to consider serving on other boards if she was not chosen. 7 Regular City Council Meeting February 13, 2002 Page Eight MOTION by Hill /Coniglio "Same motion." ROLL CALL: Mr. Coniglio -aye Mayor Barnes -aye Mr. Barczyk -aye Mr. Majcher -aye Mr. Hill -aye Motion carried 5 -0. B. Code Enforcement Board 02.028 1. Interview, Unless Waived and Appoint To Regular Member Position to Code Enforcement Board (City Clerk Transmittal 2/4/02, Application, Advertisement, Board Members) Council interviewed Mr. Simmons. MOTION by Barczyk/Hill "Move to approve Mr. Simmons for the unexpired term to expire on March 1, year 2003." ROLL CALL: Motion carried 5 -0. Mayor Barnes -aye Mr. Barczyk -aye Mr. Majcher -aye Mr. Hill -aye Mr. Coniglio -aye Mayor Barnes called a recess at 8:28 p.m. It was noted that all who were in attendance prior to the break had returned at 8:42 p.m. 15. OLD BUSINESS 16. NEW BUSINESS 02.030 B. Approve Amendment One to Work Authorization Three of LPA Group, Inc. Contract (Airport Transmittal 2/5/02. Amendment) The City Manager stated a couple of contract modifications were in order as a result of contact with the St. Johns River Water Management District. Mark Jansen, LPA Group, described that an environmentalist and surveyor were needed to provide permits for a wetland area at the airport. Bill Ramsey, 141 Edward Drive, asked how this will make land available. 8 Regular City Council Meeting February 13, 2002 Page Nine Bill Flynn asked if this included the paving of Airport Road. MOTION by Barczyk/Hill "Move to approve Amendment One to Work Authorization Three titled "Access Roads/Water and Sewer /Security Gates." ROLL CALL: Motion carried 5 -0. 02.031 C. Approve the Proposed Scope and Fee Proposal for General Engineering Services from Kimley -Horn and Assoc., Inc. for Construction Improvement to 20 Foot Alley Running Parallel to CR 512 Between Laconia Street and the Terminus Just East of Wimbrow Street for Total Fee of $28,000.00 (General Services Transmittal 2/4/02, Scope, Fee Proposal) The City Manager stated in the current fiscal year the City included this improvement to CR512. Jeff Mullis, Kimley -Horn, stated this project would include paving and drainage. MOTION by Majcher /Hill "Move to approve the proposed scope and fee proposals for general engineering services from Kimley -Horn and Associates, Inc., for the construction plans for the improvement to the 20 foot alley running parallel to CR 512 between Laconia Street and the terminus just east of Wimbrow Street, for a total lump sum fee of $28,000.00." ROLL CALL: Motion carried 5 -0. Mr. Barczyk -aye Mr. Majcher -aye Mr. Hill -aye Mr. Coniglio -aye Mayor Barnes -aye Mr. Majcher -aye Mr. Hill -aye Mr. Coniglio -aye Mayor Barnes -aye Mr. Barczyk -aye 02.032 D. Approve the Payment of $57,965.91 to Florida East Coast Railroad for Main Street and Schumann Drive Grade Crossing Rehabilitation (Finance Transmittal 2/5/02, FECR Bill, Intent to Work -Main Street, Intent to Work- Crossing Rehab) The City Manager stated this appropriation is an obligation due to a 1978 agreement. MOTION by Majcher /Barczyk "Move to appropriate $57,965.91 and authorize payment to Florida East Coast Railroad of same for grade crossings rehabilitation of City railroad crossings." Rehabilitation of City railroad crossings." 9 Regular City Council Meeting February 13, 2002 Page Ten 02.029 A. Sebastian Municipal Airport Master Plan (Airport Transmittal 2/5/02, Final Draft Under Separate Cover) Tape 11, Side 1(9:19 p.m.) ROLL CALL: Mr. Hill -aye Mr. Coniglio -aye Mayor Barnes -aye Mr. Barczyk -aye Mr. Majcher -aye Motion carried 5 -0. The City Manager stated industry standard calls for airports to development a master plan that is updated every five years. Doug DeCarlo, LPA Group, Inc., stated master plans are required to receive federal and state funding so that airport needs are documented. He stated the City's key issues included pavement, maximizing land use to instigate economic growth, industrial park development, utility extension and access roads. Mr. DeCarlo explained this report also includes demand /capacity growth and requirements which included use alternatives and a layout plan to identify the scope of uses for the airport. Bill Ramsey, 141 Edward Drive, spoke on the need for runways. Peter Feaman, attorney representing Skydive Sebastian, spoke in opposition of the final draft which includes a possible future drop zone for Skydive in the northwest corner of the airport. He requested the master plan adoption be postponed. The City Manager stated the City is willing to work with FDOT, FAA and Skydive Sebastian on a drop zone. Bob Denton, 11245 Roseland Road stated the final review committee did not promise Skydive Sebastian the south area in between the runways. He also spoke on the hazards of the southern in -field drop zone. Mr. DiCarlo stated that the FAA did not approve of the southern in -field and existing drop zones because people would be walking over runways and aircraft would intersect with aircraft. Allen Holden, a Vero Beach pilot, spoke on the hazards of the southern drop zone and traffic patterns. MOTION by Hill /Majcher "I could discuss this, I mean I would move to pass the master plan tonight for discussion." Discussion continued on both parties compromising. 10 Regular City Council Meeting February 13, 2002 Page Eleven 17. Being no further items, Mayor Barnes adjourned the meeting at 10:03 p.m. Approved at the Feb 27 th 2002 Regular City Council Meeting. Walter Barnes, Mayor Sally A. Mai CMC City Clerk aYk- ROLL CALL: Mr. Coniglio -aye Motion carried 5 -0. Mayor Barnes -aye Mr. Barczyk -aye Mr. Majcher -aye Mr. Hill -aye