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HomeMy WebLinkAbout03282001City Council Present: Mayor Walter Barnes Vice Mayor Ben A. Bishop Mr. Joe Barczyk Mr. James Hill Absent: Mr. Edward J. Majcher, Jr. (Excused) Staff Present: City Manager, Terrence Moore City Attorney, Rich Stringer City Clerk, Sally Maio Finance Director, Mark Mason Airport Manager, Jason Milewski Growth Management Director, Tracy Hass Public Works Director, Terry Hill Parks Superintendent, Chris McCarthy Information Specialist, Ann Rousseau HOME OF PELICAN ISLAND SEBASTIAN CITY COUNCIL MINUTES REGULAR MEETING WEDNESDAY, MARCH 28, 2001 7:00 P.M. CITY COUNCIL CHAMBERS 1225 MAIN STREET, SEBASTIAN, FLORIDA 1. Mayor Barnes called the Regular Meeting to order at 7:00 p.m. 2. The Pledge of Allegiance was recited. 3. Invocation was given by Reverend Ellie Lea First Presbyterian Church Sebastian. 4. ROLL CALL Regular City Council Meeting March 28, 2001 /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) None. 6. PROCLAMATIONS. ANNOUNCEMENTS AND /OR PRESENTATIONS A. Proclamation National Public Works Week American Public Works Association Florida Chapter Public Works Director Accepting Mayor Barnes read and presented the proclamation to Public Works Director, Terry Hill. B. Proclamation Confederate History Month Sons of Confederate Soldiers Florida Cow Calvary Camp 1680 Commander Gene Lee Accepting Mayor Barnes read and presented the proclamation to Commander Gene Lee. C. Proclamation Sebastian River High School Band Mayor Barnes read the proclamation honoring the Sebastian River High School Band and urging support for the band's trip to London. 01.079 D. Sebastian River Area Chamber of Commerce Executive Director Beth Perez Planning Logistics for Pelican Island Centennial Celebration (No Backup) Beth Perez, Executive Director, Sebastian River Area Chamber of Commerce, introduced Penny Chandler, Indian River County Chamber of Commerce, reported on proposed activities and a ten day celebration scheduled for the Pelican Island Wildlife Refuge Centennial Celebration in 2003. She said the group that has been meeting to discuss the proposed celebration recommends that a steering committee be established to promote the event and seek out participation by other organizations. She requested City Council endorsement of a joint committee of both Chambers which will then work to include other participants. City Council members present unanimously endorsed the effort. Mayor Barnes requested periodic reports from the committee. 7. CITY ATTORNEY MATTERS 01.080 A. Report on Vicious Dogs as Requested at 3/14/01 (No Backup) The City Attorney reported that if Council wished to pursue some type of action, he could draft language, and further suggested that he could contact someone expert in different species to address Council. He advised that in most cases, dogs are given one opportunity and once bite, hearings are required. Discussion took place on videotaping the animal's activities to demonstrate the threat imposed; the need to keep animals under control, i.e. leashed or within an enclosure; and the possibility of beefing up the City's fencing requirement. Bruce Stewart, Jordan Avenue, Sebastian, addressed Council relative to a vicious dog adjacent to his property, stating that it is the City's responsibility to protect its citizen; and agreed to submit photos of the dog to the City Manager. The City Attorney advised Mr. Stewart that Animal Control is a County jurisdiction issue. Mr. Stewart was advised that staff could contact County personnel to ascertain what steps could be taken. 2 ill egular City Council Meeting arch 28, 2001 age Three 8. CITY MANAGER MATTERS 01.081 A. Report on Publix Landscaping (No Backup) TAPE I SIDE 11(7:47 p.m.) The Growth Management Director said the Publix project was approved under the less stringent provisions of the prior Land Development Code; gave a brief update on coordination with the developer to upgrade the landscaping; and advised that replacement trees and shrubs will be installed by next Tuesday. B. Report on Barber Street Traffic Controls The City Manager reported that he had been working with the City Engineer on Barber Street traffic control. He distributed a letter dated November 29, 2000 from Christopher Mora, Indian River County Traffic Engineer, regarding proposed traffic signals at Barber and Schumann and Barber adjacent to the fire station (see attached). He advised that these issues can be addressed in the upcoming budget; and further discussed the installation of enhanced signage on Barber Street. City Council discussion followed on the possibility of establishment of a four way stop; and including interested citizens in the process. The City Manager advised that citizens can contact City Engineer, Ralph Brescia. It was suggested that radar be used more often, and brighter signs be used. Discussion took place on uniform speed limits, which the City Manager stated, is an engineering issue. It was the consensus of City Council to direct the City Manager to move forward on this matter. The City Manager reported on today's newspaper article and comment by County Chairperson Caroline Ginn regarding redistricting, noting that City Council had recommended further representation for the north county and not a single seat for the City of Sebastian as stated in the article. He advised that Chairperson Ginn had apologized for her comment and stated she had been misinformed. 9. CITY CLERK MATTERS None. 10. CITY COUNCIL MATTERS 01.082 A. Mayor Barnes Discussed the Capital Sanitation payment process. The City Attomey advised that people who paid in advance are being charged a retroactive franchise fee by Capital Sanitation, and that he had advised people that if their checks were accepted as paid in full they may not have to pay the additional charge. 1. Appointment of City Council Liaisons to Indian River and Various Governmental Boards (City Clerk Transmittal 3%21/01, Liaison List) All positions remained the same (see list attached). Mayor Barnes said he would contact Nancy Diamond for periodic updates on the Indian River County Parks and Recreation Committee. 3 Regular City Council Meeting March 28, 2001 •ae Four B. Vice Mayor Bishop Mayor Barnes reported he had a meeting scheduled for April 12, 2001 with Commissioner Fran Adams, and representatives of other municipalities; updated Council on problems with the Sebastian aquifer; and urged enforcement of existing restrictions. Mr. Bishop suggested having emergency restrictions in place so that if a further emergency arises it can be adopted immediately. The City Attorney advised that further restrictions can be done by resolution in accordance with the water restriction ordinance and said he would distribute a proposed resolution to Council during recess. Mr. Bishop asked that the item be placed on the next agenda and Mr. Hill suggested a workshop. C. Mr. Barczyk TAPE 11- SIDE 1(8:35 p.m.) Mr. Barczyk reported on an Indian River County Code Enforcement Board meeting; inquired about the status of the Capital Sanitation agreement rewrite, to which the City Attomey responded it would be on the next agenda; and asked what can be done with Cornerstone Property, to which the City Manager responded he had asked Code Enforcement to look into it and the possibility of liening the property. The Growth Management Director said he was meeting with a developer who is purchasing a portion of the Cornerstone property tomorrow. Mr. Barzcyk was advised that Schumann Drive median improvements are on -going and the Public Works Director invited Mr. Barczyk to visit the fountain with him. D. Mr. Hill Mr. Hill stated that the skateboard park, and City playground improvements are looking great. E. Mr. Maicher Absent. 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 3/14/01 Regular, 3/19/01 Special 01.018 B. Waive Competitive Bid Procedures and Authorize Fourth of July Fireworks Three Year Contract Award to Melrose Pyrotechnics, Inc. in the Amount of $12,500 Per Year with 10% Bonus for Third Year (General Services Administrator Transmittal) 01.083 C. Authorize Purchase of Three Decatur Gemini In -Car Video Systems from Law Enforcement Supply Company, Inc. in the Amount of $11,985 ($11,081 from Local Law Enforcement Block Grant) and Installation by Sonic Sounds, Inc. in the Amount of $296 (Police Transmittal, Photo) 01.084 D. Resolution No. R -01 -25 Vacation of Easement Century 21 Professionals Office Building Lots 1, 2, 3, Block 185, Sebastian Highlands Unit 8 (Growth Management Transmittal 3/21/01, R -01- 25, Application, Site Map, Staff Report, Utility Letters) 4 S egular City Council Meeting arch 28, 2001 Page Five A RESOLUTION OF THE CITY OF SEBASTIAN, INDIAN RIVER COUNTY, FLORIDA, VACATING CERTAIN EASEMENTS OVER LOTS 1, 2, AND 3, BLOCK 185, SEBASTIAN HIGHLANDS UNIT 8; PROVIDING FOR CONFLICTS HEREWITH; PROVIDING FOR RECORDING; PROVIDING FOR EFFECTIVE DATE. The City Attorney read Resolution No. R -02 -25 by title. Mr. Bishop removed item A and Mr. Hill removed item B. MOTION by Barczyk/Hill "I'll make a motion to approve C and D." ROLL CALL: MOTION CARRIED 4 -0 Item A Minutes Mr. Bishop noted a typo on the March 14, 2001 Hill Matters which, he was advised by the Clerk, had been corrected. MOTION by Bishop /Barczyk "I make a motion to approve consent agenda item A." ROLL CALL: MOTION CARRIED 4 -0 Item B Fireworks ROLL CALL: MOTION CARRIED 4 -0 Mayor Barnes aye Mr. Bishop aye Mr. Barczyk aye Mr. Majcher absent Mr. Hill aye Mr. Bishop aye Mr. Barczyk aye Mr. Majcher absent Mr. Hill aye Mayor Barnes aye Mr. Hill expressed concern for limiting future fireworks celebrations by entering into this agreement for the next three years, based on prior year's displays. The City Attorney advised that additional displays can always be ordered; and the City Manager recommended bringing in a representative of the company to address City Council on the matter to possibly renegotiate. MOTION by Hill/Barczyk "I would move approval of item B of the consent agenda." Mr. Barczyk aye Mr. Majcher absent Mr. Hill aye Mayor Barnes aye Mr. Bishop aye 5 Regular City Council Meeting March 28, 2001 •age Six 1, It was the consensus of Council to direct the City Manager to look into additional displays with the company. 12. PUBLIC HEARING 01.078 A. Public Hearing and Final Adoption of Ordinance 0 -01 -06 Repealing 0 -99 -38 Police Pension Amendment (City Clerk Transmittal, 0- 01 -06) AN ORDINANCE OF THE CITY OF SEBASTIAN, REPEALING ORDINANCE NO. 0-99-38; (POLICE PENSION MODIFICATIONS) PROVIDING FOR AN EFFECTIVE DATE; PROVIDING FOR CONFLICTS. Mayor Barnes opened the public hearing at 8:45 p.m.; and the City Attorney read Ordinance No. 0 -01 -06 by title and briefly explained its purpose. Being no input, Mayor Barnes closed the public hearing. MOTION by Barczyk/Hill "I'll move to adopt Ordinance 0- 01 -06." ROLL CALL: MOTION CARRIED 4 -0 Mr. Majcher absent Mr. Hill aye Mayor Barnes aye Mr. Bishop aye Mr. Barczyk aye Mayor Barnes called recess at 8:45 p.m. and reconvened the meeting at 9:02 p.m. All members present at roll call were present when the meeting was reconvened. 01.085 B. First Reading and First Public Hearing on Ordinance No. 0 -01 -07 Land Development Code Text Amendment Change in Permitted Use Schedule Second Public Hearing and Final Adoption for 4/11/01 (Growth Management Transmittal 3/21/01, 0- 01 -07. Realty King Letter, Location Map) AN ORDINANCE OF THE CITY OF SEBASTIAN, FLORIDA, AMENDING THE LAND DEVELOPMENT CODE, CITY CODE SECTION 54-2 -5.3.2 COMMERCIAL LIMITED DISTRICT (CL), CONDITIONAL USES AND 54 -2-6.4 SPECIFIC CRITERIA FOR APPROVING A CONDITIONAL USE PROVIDING LIMITED AVAILABILITY OF TWELVE RESIDENTIAL UNITS PER ACRE; PROVIDING FOR REPEAL OR ORDINANCES OR PARTS OF ORDINANCES IN CONFLICT HEREWITH; PROVIDING FOR SEVERABILITY; AND PROVIDING FOR AN EFFECTIVE DATE. Mayor Barnes opened the public hearing at 9:03 p.m.; and the City Attorney read Ordinance No. 0 -01 -07 by title The Growth Management Director explained the proposed text amendment is based on ZCS Senior Housing's request for City Council support for its facility; that it will allow up to twelve units per acre in commercial limited zoning districts as a conditional use. He advised that following this first hearing, Planning and Zoning will conduct a hearing on April 5, 2001 and then it will come back to City Council for a final hearing on April 11, 2001. The City Attorney advised that the conditional use only applies in the event the use qualifies as a state or federally sponsored housing initiative. Being no further input, Mayor Barnes closed the public hearing. 6 Regular City Council Meeting March 28, 2001 S age Seven MOTION by Hill /Bishop "I move that we hold a first reading and public hearing for Ordinance No. 0 -01 -07 and schedule a second reading and public hearing for April 11, 2001." ROLL CALL: MOTION CARRIED 4 -0 Mr. Hill aye Mayor Barnes aye Mr. Bishop aye Mr. Barczyk aye Mr. Majcher absent 01.086 C. First Public Hearing on Florida Department of Community Affairs Small Cities Community Development Block Grant (CDBG) Second Public Hearing 4/25/01 (Public Hearing Ad) Mayor Barnes opened the public hearing at 9:12 p.m. and the City Manager read Resolution No. R -01 -23 by title. The City Manager made a brief presentation and sought authorization to apply for grant funding for Louisiana Avenue infrastructure improvements such as drainage, sidewalks, etc. in the approximate amount of $600,000. He then introduced Fred Fox, who will act as the City's representative in the administrative process. Mr. Fox distributed a sign -up sheet to the audience as a requirement of the fair housing workshop. He then proceeded to explain that this is the first of two required hearings for the Community Development Grant application process, and explained the four categories and use of CDBG funds available. He advised that the program mandates that the funding benefit low to moderate income people; and focused on Neighborhood Revitalization which includes all types of public works projects such as water, sewer, drainage, recreational, paving, etc. 1. Receive Citizen Input on the Community's Economic and Community Development Needs Edmund Tourigny, 150 Grace's Landing #112, said Louisiana Avenue is treacherous for walkers. Robert Kipka, 1010 Grace's Landing #102, suggested connecting a Louisiana sidewalk with a Main Street sidewalk. Leona Raymond and George Murray, Grace's Landing had signed but declined to speak at this time. Others who had signed were signed up for another item. Doug Flood, 924 Louisiana Avenue, Sebastian, asked if Louisiana Avenue residents will be involved in the development of the improvements. The City Manager advised that he was seeking authorization to apply for the grant TAPE 11- SIDE 11(9:30 p.m.) and that a new citizens advisory task force must be established for appointment by Council on April 11, 2001 and a task force meeting on April 18, 2001. It was decided that each City Council member would appoint one member and then two at -large members will be advertised for and appointed. Mr. Fox advised that a survey of the subject location will be undertaken. 7 Regular City Council Meeting March 28, 2001 •ae Eight 2. Fair Housing Workshop to Explain Fair Housing Ordinance (Fair Housing Ad) Mr. Fox explained that the City passed a fair housing ordinance (Ordinance No. 0- 95 -07) which was adopted in 1995, and that in addition to this fair housing workshop conducted tonight, one other fair housing workshop will be conducted on April 25, 2001 for real estate professionals in the community. He said there are copies of the ordinance available to the public. 3. Resolution No. R -01 -23 Authorizing the City Manager to Apply for Grant Funding from State of Florida Small Cities Community Development Block Grant Program for Necessary Physical Improvements to City's Low to Moderate Areas (City Manager Transmittal 3/22/01. R- 01 -23) MOTION by Barczyk/Bishop "I move to approve Resolution R -01 -23 authorizing the City Manager or his designee to apply for funding from the State of Florida Small Cities Community Development Block Grant Program for the necessary physical improvements to the City low to moderate ROLL CALL: MOTION CARRIED 4 -0 Mayor Barnes aye Mr. Bishop aye Mr. Barczyk aye Mr. Majcher absent Mr. Hill aye 4. Citizens Advisory Task Force Request for City Council Appointee Names by April 11, 2001 See prior discussion. 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 Mort Smedley and Nelson Vose presented a petition regarding increased traffic on Barber Street. (See title page attached). Bill Comeau, 1711 Barber Street, Sebastian, said that every police officer should be enforcing the codes of the City. Dan Mora, 1673 Barber Street, Sebastian, said he and his wife are afraid to back out of their driveway on Barber Street. Lawrence Flynn, 1670 Adde Street, Sebastian, recommended a pedestrian crossing light at Barber and Schumann; and expressed concern regarding construction trucks using Powerline Road. Sal Neglia, Sebastian, agreed with stated recommendations on further water restrictions; discussed boat trailers parked behind the Chamber of Commerce and lack of enforcement of no parking regulations; and expressed concern about the paint color on the Mel Fisher museum. The Growth Management Director said letters are being mailed out to all property owners regarding color provisions. 8 Regular City Council Meeting March 28, 2001 •age Nine 14. COMMITTEE REPORTS /RECOMMENDATIONS 01.087 A. Budget Advisory Review Board 1. Request for City Council Appointee Names by April 11, 2001 (City Clerk Transmittal 3/21/01, Current Member List, Code Language) TAPE 111- SIDE 1(10:20 P.M.) City Council was advised that Budget Advisory Review Board appointments will be made at the April 11, 2001 meeting therefore they should submit their appointees' names prior to that date. 15. OLD BUSINESS 01.025 A. Water Restriction (No Backup) The City Manager provided Council members with water conservation posters. 16. NEW BUSINESS 01.088 A. Resolution No. R -01 -24 Communications Workers of America /Collective Bargaining Agreement 4/01/01 09/30/03 (City Manager Transmittal 3/22/01, R- 01 -24) A RESOLUTION OF THE CITY OF SEBASTIAN, FLORIDA, AUTHORIZING THE CITY MANAGER TO EXECUTE COLLECTIVE AGREEMENT WITH BARGAINING UNIT OF THE CWA FOR TWO AND ONE -HALF YEAR PERIOD; PROVIDING FOR CONFLICT; PROVIDING FOR EFFECTIVE DATE. The City Attorney read Resolution No. R -01 -24 by title. Steve DiTrapano, staff member and CWA representative, stated this was a good contract and thanked all those involved. Mr. Bishop expressed concern that there was no reference in the backup to changes from the previous contract, and requested, in the future, a copy of the prior contract to make comparisons. MOTION by Hill /Barczyk "I would move to approve Resolution R -01 -24 authorizing the City Manager to execute the Collective Agreement with the bargaining unit of the Communications Workers of America for a two and one -half year period, beginning April 1, 2001 through September 30, 2003." ROLL CALL: MOTION CARRIED 4 -0 Mr. Bishop aye Mr. Barczyk aye Mr. Majcher absent Mr. Hill aye Mayor Barnes aye 9 Regular City Council Meeting March 28, 2001 •age Ten 01.011 B. Resolution No. R -01 -21 Establishing Rates and Hours of Operation for Skate Park Facility (Finance Transmittal 3%20/01. R- 01 -21, Example of Fee Schedule and Waiver, Example of Punch Card) A RESOLUTION OF THE CITY OF SEBASTIAN, INDIAN RIVER COUNTY, FLORIDA, PERTAINING TO HOURS OF OPERATION AND FEES AT THE SKATE PARK FACILITY; PROVIDING FOR CONFLICT; PROVIDING AN EFFECTIVE DATE. The City Attorney read Resolution No. R -01 -21 by title; and the City Manager briefly described the development of the rate schedule. MOTION by Bishop /Barczyk "I'll make a motion to extend the meeting no later than 11 pm." ROLL CALL: MOTION CARRIED 4 -0 Discussion continued on rates and the need for avenues to ensure that everyone will be able to afford to use the park. The City Manager advised that, based on grant requirements, the user fee has to be equal for all users. It was suggested that periodically the City could sponsor free days. The Finance Director advised that fees can be changed at any time once costs are determined. Carolyn Corum, Dolores Street, Sebastian, said she hoped that this would not be treated as an enterprise fund and suggested a nominal annual membership fee. MOTION by Bishop /Barczyk "I'll move to adopt Resolution R- 01 -21." ROLL CALL: MOTION CARRIED 4 -0 Mayor Barnes aye Mr. Bishop aye Mr. Barczyk aye Mr. Majcher absent Mr. Hill aye Mr. Barczyk aye Mr. Majcher absent Mr. Hill aye Mayor Barnes aye Mr. Bishop aye 01.089 C. Resolution No. R -01 -22 Authorize City Manager to Execute Joint Participation Agreement (JPA) for Construction of a Maintenance Facility and Purchase of Equipment for Sebastian Municipal Airport (City Manager Transmittal 3%20/01, R- 01 -22) A RESOLUTION OF THE CITY OF SEBASTIAN, INDIAN RIVER COUNTY, FLORIDA, AUTHORIZING CITY MANAGER TO EXECUTE PUBLIC TRANSPORTATION JOINT PARTICIPATION AGREEMENT WITH FDOT; PROVIDING FOR CONFLICT; PROVIDING FOR EFFECTIVE DATE. The City Attorney read Resolution No. R -01 -22 by title, and the Airport Director briefly addressed Council on this and the next agenda item. 10 Regular City Council Meeting March 28, 2001 •age Eleven MOTION by Bishop /Barczyk "I move to adopt Resolution R- 01 -22." ROLL CALL: MOTION CARRIED 4 -0 01.090 D. Approve Purchase of Tractor and Cutter from John Deere in the Amount of $40.760.70 from State Contract with 80% Funding from FDOT (Airport Transmittal 3/22/01. Quote on State Contract Price) MOTION by Hill /Barczyk "I move to approve the purchase of a tractor and cutter from John Deere in the amount of $40,760.70 and appropriate same." ROLL CALL: MOTION CARRIED 4 -0 ROLL CALL: MOTION CARRIED 4 -0 Mr. Majcher absent Mr. Hill aye Mayor Barnes aye Mr. Bishop aye Mr. Barczyk aye Mayor Barnes aye Mr. Bishop aye Mr. Barczyk aye Mr. Majcher absent Mr. Hill aye 01.091 E. Waive Bidding Process and RLS Lighting of Hollywood. FL Install Lighting for Four New Tennis Courts at Schumann Tennis Park for $26, 817 (Parks Transmittal 3172/01, Quotes, Park Superintendent Memo) The Parks Superintendent briefly explained the sole source based on prior fixture installations at the courts. Mr. Hill expressed concern for waiver of bids. MOTION by Barczyk/Hill "I move to waive bidding process and have RLS Lighting of Hollywood, FL install lighting for the four new tennis courts at Schumann Tennis Park for $26,817.00. Mr. Hill aye Mayor Barnes aye Mr. Bishop aye Mr. Barczyk aye Mr. Majcher absent 11 Regular City Council Meeting March 28, 2001 •ae Twelve 01.092 F. First Reading of Ordinance No. 0 -01 -08 Amending Chapter 30, Article II Licensing (Finance Transmittal 3/20/01, 0- 01 -08) 1 17. Approved at the Walter Barnes Sally A. Ma' City Cler AN ORDINANCE OF THE CITY OF SEBASTIAN, FLORIDA, AMENDING CITY CODE CHAPTER 30 ARTICLE II LICENSING; PROVIDING FOR CONFLICTS; PROVIDING FOR SEVERABILITY; PROVIDING FOR AN EFFECTIVE DATE. The City Attorney read Ordinance No. 0 -01 -08 by title and the Finance Director briefly advised that this is a clean -up and strengthening of the ordinance. He responded to questions from Council regarding deletion of certain occupations. The Finance Director stated that these types of facilities are not allowed in the City. MOTION by Barczyk/Bishop "I move to approve Ordinance 0 -01 -08 on first reading and set a public hearing for April 25, 2001 and authorize the advertisement of same." ROLL CALL: MOTION CARRIED 4 -0 Mr. Barczyk aye Mr. Majcher absent Mr. Hill aye Mayor Barnes aye Mr. Bishop aye Being no further business, Mayor Barnes adjourned the Regular Meeting at 10:57 p.m. 2001 Regular City Council Meeting. 12