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HomeMy WebLinkAbout12162009City Council Present: Mayor Richard H. Gillmor Vice -Mayor Jim Hill Council Member Andrea Coy Council Member Eugene Wolff Council Member Don Wright CRY OF HOME OF PELICAN ISLAND SEBASTIAN CITY COUNCIL MINUTES REGULAR MEETING WEDNESDAY, DECEMBER 16, 2009 6:30 P.M. CITY COUNCIL CHAMBERS 1225 MAIN STREET, SEBASTIAN, FLORIDA 1. Mayor Gillmor called the Regular Meeting to order at 6:30 p.m. 2. Invocation was given by Pastor Bill Brothers, First Baptist Church of Sebastian. 3. The Pledge of Allegiance was recited. 4. ROLL CALL Staff Present: City Manager, Al Minner City Attorney, Robert Ginsburg City Clerk, Sally Maio Deputy City Clerk, Jeanette Williams Airport Director, Joseph Griffin Growth Management Director, Rebecca Grohall Deputy Police Chief, Greg Witt Police Captain, Bob Lockhart Senior MIS Systems Analyst, Barbara Brooke -Reese 5. AGENDA MODIFICATIONS Modifications and additions require unanimous vote of City Council members Mayor Gillmor requested addition of appointment of Working Waterfront Commercial Fisherman position under Committee Reports Appointments. MOTION by Mr. Hill and SECOND by Ms. Coy for the addition of item 8B was approved with a voice vote of 5 -0. Regular City Council Meeting December 16, 2009 Page Two 6. 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. 09.002 A. Certificate of Appreciation to Council Member Don Wright for Parks Recreation Advisory Board Service 09.158 B. Certificate of Appreciation to Council Member Don Wright for MPO Citizens Advisory Committee Service as the City's Representative Mayor Gillmor read and presented both certificates to Council Member Wright. 09.004 C. Certificates of Appreciation to Charles Cardinale, and Joan Rivard for Citizens Budget Review Advisory Board Service Mr. Cardinale and Ms. Rivard were not present. Brief Announcements Police Captain Bob Lockhart announced the 2nd Sebastian Citizens Police Academy will be held starting January 14 2010 on Thursday nights at 6:30 p.m. until April 1 2010. He invited the public to pick up applications from the back table, contact Officer Steve Marcinik at 589 -8576, or download them from www.sebastianpd.org. Ms. Coy said Tax Collector Carol Jean Jordan has announced the Sebastian office is now open for driver's license business. 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 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. 1 -7 A. Approval of Minutes 12/2/09 Economic Development Workshop Minutes 09.159 B. Resolution No. R -09 -48 PEA Bargaining Agreement (Administrative Services 9 56 Transmittal, R- 09 -48, Agreement) A RESOLUTION OF THE CITY OF SEBASTIAN, INDIAN RIVER COUNTY, FLORIDA, AUTHORIZING THE CITY MANAGER TO EXECUTE THE COLLECTIVE BARGAINING AGREEMENT BETWEEN THE BARGAINING UNIT OF THE COASTAL FLORIDA PUBLIC EMPLOYEES ASSOCIATION (CFPEA) AND THE CITY OF SEBASTIAN FOR THE PERIOD OCTOBER 1, 2009 THROUGH SEPTEMBER 30, 2010; PROVIDING FOR REPEAL OF RESOLUTIONS OR PARTS OF RESOLUTIONS IN CONFLICT HEREWITH; PROVIDING FOR SEVERABILITY; AND PROVIDING FOR AN EFFECTIVE DATE. MOTION by Mr. Hill and SECOND by Mr. Wright to approve consent agenda items A and B passed with a voice vote of 5 -0. 2 Regular City Council Meeting December 16, 2009 Page Three 8. 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. 09.092 A. Planning and Zoning Commission 57 83 (City Clerk Transmittal, Applications, List, Ad) i. Interview, Unless Waived and Submit Nominations for One Vacant Regular Member Position, Term to Expire 11/2011 Applicant Dominic Durr said it would be a great pleasure to be on the Commission. 9. PUBLIC HEARINGS No other applicants were present. Mr. Hill nominated Mr. Hepler to the regular member position and Mr. Durr to the alternate position. There were no other nominations. Mr. Hepler was appointed to the regular member position and Mr. Durr was appointed to the alternate position. Added B. Working Waterfront Commercial Fisherman The Clerk said the advertisement had closed on December 14 and Ms. Christensen was the only applicant. Mayor Gillmor nominated Ms. Christensen. There were no other nominations. Ms. Christensen was appointed to the fisherman position on the Working Waterfront Committee. 09.152 A. Second Reading, Public Hearing and Final Adoption of Ordinance No. 0 -09 -06 85 -127 Petition for Voluntary Annexation by Bridgeton Real Fund 1, LP for a 5.9 Acre Parcel (GMD Transmittal, 0- 09 -06, Letter, Staff Report, Map, P Z Minutes, LDC, City's Comp Plan Policies) AN ORDINANCE OF THE CITY OF SEBASTIAN, FLORIDA, PROVIDING FOR THE VOLUNTARY ANNEXATION FOR LAND CONSISTING OF 5.90 ACRES, MORE OR LESS, LYING SOUTH OF VICKERS ROAD (A.K.A. 99 STREET) AND WEST OF THE F.E.C. RAILROAD; PROVIDING FOR INTERIM LAND USE AND ZONING CLASSIFICATION; PROVIDING FOR CONFLIT; PROVIDING FOR EFFECTIVE DATE. (Advertised 12/1/09, 12/8/09) The City Attorney explained there are three ordinances for consideration and he would like to follow the quasi judicial procedure for all three ordinances, he would read all three ordinances, take input, and then ask for separate votes on each ordinance. The City Attorney read Ordinance Nos. 0- 09 -06, 0- 09 -07, and 0 -09 -08 by title and the Mayor opened the hearing at 6:43 p.m. 3 Regular City Council Meeting December 16, 2009 Page Four There was no ex -parte communication to disclose by Council Members. The Clerk swore in all those who were to give factual testimony. John Malek, 2190 47 Terrace, Vero Beach, said he was here to clear up any questions Council may have, he started with the County about two years ago but they weren't able to accommodate him as all of the commercial space was not used up and they suggested annexing into the City, and he hoped Council would give favorable consideration of this. The Growth Management Director said this is a request for annexation of three parcels adjacent to industrial and they recommend that all three parcels be zoned industrial. Mr. Wright asked if the restrictive use covenant went back to the Planning and Zoning Commission (P Z). The Growth management Director said it did and was approved. She also said the covenant prohibited a number of less desirable uses: cement facilities, gasoline and petroleum sales, food sales, adult entertainment, boat manufacturing, sand mining, concrete production, and asphalt production. Public Input Beverly O'Neil, 9790 61 Place, Breezy Village Mobile Home Subdivision, said in summary she has no problem with storage sheds that will buffer her property but her concern is when she and Mr. Malek are both gone, the ordinance would allow a lot of uses that could be very detrimental to a residential area. She would like to see the covenant language say the land use should be for the storage sheds and it's accessory uses as suggested by the City Attorney which would allay her concerns. Mr. Wolff asked her for examples of objectionable use. Ms. O'Neil said trade and skilled services, wholesale trade services, and motor vehicle use. She said she wants to avoid having a view like the one north on 99 Street Mr. Malek said when he builds the facility it will have to be fenced and buffered according to code, he plans to keep the building area as far east as they can. He said it be up to an $8 M building and it will be a clean low -use facility. Mr. Wolff asked when he planned to start construction. Mr. Malek said he didn't have final site plans, but probably in another one to two years. The Growth Management Director summarized the request by recommending approval of Ordinance No. 0- 09 -06. MOTION by Mr. Hill and SECOND by Mr. Wright to approve Ordinance 0 -09 -06 for the Bridgeton Annexation. The City Attorney advised that acceptance of the restrictive covenants as approved by P Z should be included in the motion. Mr. Hill and Mr. Wright agreed to include the acceptance of the covenant in their motion. Result of the roll call: AYES: All NAYS: None Passed 5 -0 4 Regular City Council Meeting December 16, 2009 Page Five 09.152 B. Second Reading, Public Hearing and Final Adoption of Ordinance No. 0- 09 -07- 129 142 Land Use Amendment for Bridgeton Real Fund 1, LP 5.9 Acre Parcel (GMD Transmittal 0- 09 -07, Application) AN ORDINANCE OF THE CITY OF SEBASTIAN, FLORIDA APPROVING AN AMENDMENT TO THE COMPREHENSIVE PLAN WHICH AMENDS THE FUTURE LAND USE MAP TO DESIGNATE AN INITIAL LAND USE CLASSIFICATION OF INDUSTRIAL (IND) FOR ANNEXED LAND WITH A PRIOR COUNTY LAND USE DESIGNATION OF MEDIUM DENSITY RESIDENTIAL -2 (M -2) AND COMMERCIAL /INDUSTRIAL (C /I) FOR LAND CONSISTING OF 5.90 ACRES, MORE OR LESS, SITUATED SOUTH OF VICKERS ROAD (A.K.A. 99 STREET) AND WEST OF THE F.E.C. RAILROAD; AUTHORIZING FINDINGS AND ADMINISTRATIVE ACTIONS; PROVIDING FOR CONFLICTS; PROVIDING FOR SEVERABILITY; AND PROVIDING FOR EFFECTIVE DATE. (Advertised 12/1/09) MOTION by Ms. Coy and SECOND by Mr. Hill to approve adoption of Ordinance No. 0 -09 -07 land use amendment. Result of the roll call: AYES: All NAYS: None Passed 5 -0 09.152 C. Second Reading, QUASI- JUDICIAL Public Hearing and Final Adoption of 143 -156 Ordinance No. 0 -09 -08 Zoning Amendment for Bridgeton Real Fund 1, LP 5.9 Acre Parcel (GMD Transmittal, 0- 09 -08, Application) AN ORDINANCE OF THE CITY OF SEBASTIAN, FLORIDA, DESIGNATING AN INITIAL ZONING CLASSIFICATION OF INDUSTRIAL (IN) FOR ANNEXED LANDS WITH A PRIOR COUNTY ZONING DESIGNATION OF RESIDENTIAL MOBILE HOME. 8 UNITS PER ACRE (RMH -8) AND HEAVY COMMERCIAL (CH) FOR LAND CONSIDITING OF 5.90 ACRES, MORE OR LESS, SITUATED SOUTH OF VIKERS ROAD (A.K.A. 99 STREET) AND WEST OF THE F.E.C. RAILROAD; PROVIDING FOR REPEAL OF ORDINANCES OR PARTS OF ORDINANCE IN CONFLICT HEREWITH; PROVIIDNG FOR SEVERABILITY; AND PROVIDING FOR EFFECTIVE DATE. (Advertised 12/1/09) MOTION by Ms. Coy and SECOND by Mayor Gillmor to approve Ordinance 0 -09 -08 public hearing and final adoption of the zoning amendment. Result of the roll call: AYES: All NAYS: None Passed 5 -0 10. UNFINISHED BUSINESS None 5 Regular City Council Meeting December 16, 2009 Page Six 11. PUBLIC INPUT (Procedures on Back of Agenda) Jim Sunnycalb, Sebastian, apologized that his trains were not at Riverview Park last weekend because of the rain, but to make up for it they would be there Christmas Eve from 4:00 p.m. to 8:00 p.m. and Santa's house would be open for visitors. Seth Goldsmith, Pastor, Coastal Community Church, said on Christmas Eve in Riverview Park there will be carolers at 6 p.m., he will read The Christmas Story from Luke Chapter 2, and there will be snacks, coffee, and hot cocoa. He said he talked to Santa Claus who will not be able to make it that night. 12 NEW BUSINESS 09.048 A. ECONOMIC DEVELOPMENT ISSUES Resolution No. R -09 47 Amended Economic Development Plan (City 157 -166 Manager Transmittal, R- 09 -47, Amended ED Plan) A RESOLUTION OF THE CITY OF SEBASTIAN, INDIAN RIVER COUNTY, FLORIDA, REPEALING R- 09 -11, ADOPTING AN AMENDED ECONOMIC DEVELOPMENT PLAN FOR THE CITY OF SEBASTIAN AND USING SUCH PLAN AS THE GROUNDWORK FOR A FINAL ECONOMIC DEVELOPMENT ELEMENT TO BE INCORPORATED INTO THE CITY OF SEBASTIAN COMPREHENSIVE PLAN AT A LATER DATE; PROVIDING FOR CONFLICT; PROVIDING FOR EFFECTIVE DATE. The City Attorney read the title of Resolution No. R- 09 -47. MOTION by Mr. Wright and SECOND by Mr. Hill to approve Resolution No. R- 09 -47. There was no public input. Result of the roll call: AYES: All NAYS: None Passed 5 -0 167 ii. Costs for Developing Market Plan (EDO Transmittal) The City Manager said this is an information item for Council, staff planned to continue to work in -house on it, and he will take any direction from Council. Mayor Gillmor said it is a good idea not to spend money until we have a concrete item to market at the Airport. Ms. Coy suggested they tag onto the County, Indian River County Chamber, and Sebastian Chamber. 6 Regular City Council Meeting December 16, 2009 Page Seven Mr. Hill agreed that we should be working with those already aggressively marketing this community using the resources they have. Mr. Wright corrected Bill Fruth's name in the agenda material. He agreed that the Chambers should be utilized, and at a monthly meeting at the Airport, a few good ideas materialized. One idea was that Velocity and LoPresti have shows coming up with pilots and manufacturers at other airport's where we can attend and promote Sebastian. Ms. Coy and Mayor Gillmor thought that was a good idea. 169 175 iii First Reading of Ordinance No. 0 -10 -01 Tax Abatement Program Set Public Hearing for 1/13/10 (City Manager Transmittal, 0- 10 -01) AN ORDINANCE OF THE CITY OF SEBASTIAN, FLORIDA, IMPLEMENTING AN ECONOMIC DEVELOPMENT AD VALOREM TAX EXEMPTION PROGRAM FOR THE CITY OF SEBASTIAN; PROVIDING FOR SEVERABILITY; PROVIDING FOR AN EFFECTIVE DATE AND SUNSET DATE. The City Attorney read the title of Ordinance No. 0 -10 -01 and advised this must be put into effect according to state law and is step two of the abatement process. He advised there is no extraneous material in this ordinance as there was in the first ordinance presented to Council. MOTION by Mayor Gillmor SECOND by Mr. Wright to pass Ordinance No. 0 -10 -01 on first reading. There was no public input. In response to Mr. Hill, the City Attorney confirmed this was as lean as possible and tracks State law. Result of the roll call: AYES: All NAYS: None Passed 5 -0. iv. Tax Abatement Granting Procedure (City Manager Transmittal, Draft 177 203 Ordinance, IRC Draft Program) The City Manager said this is to keep the economic train rolling, get some feedback on the ranking procedure, and directed Council to circle page 193. Mayor Gillmor said he was concerned that the whole process seems lengthy and might be too much weight for the City of Sebastian noting that one or two companies a year might qualify for the abatement. Mr. Hill said his goal was to be competitive with neighboring communities. 7 Regular City Council Meeting December 16, 2009 Page Eight Mr. Wright said the Indian River County draft was a duplicate of St. Lucie County with the exception of circle pages 193 and 203. He explained that this was designed for a county substantively larger than Sebastian and he tried to add up to a business that might reach an 18 point level and he could not imagine such a business in Sebastian. He said he would give the St. Lucie CRA district guidelines to the City Manager, and look for a procedure that will more closely fit Sebastian. Ms. Coy added Indian River County has far more commercial /industrial space, and agreed it has to be simple. Mayor Gillmor said he appreciated the comments, met with the Mayors and Mayor Sawnick wants to talk about a tax abatement for Vero so if we want to be in front we must do it right. 9. CITY ATTORNEY MATTERS none. 10. CITY MANAGER MATTERS The City Manager wished everyone a happy holiday. 11. CITY CLERK MATTERS none 12. CITY COUNCIL MATTERS A. Council Member Coy Ms. Coy donned a singing, wiggly elf hat and wished everyone a Happy Hanukkah and Merry Christmas. B. Council Member Wolff Mr. Wolff donned a Santa hat and wished everyone a Merry Christmas, Happy New Year and safe holiday. C. Council Member Wright Mr. Wright said the City Manager has worked long and hard on the conservation areas at the Airport and he would like to get the HCP approved to market it along with the Airport. He hoped everyone has a terrific Christmas and New Year. He asked everyone to pray for better economic times. D. Mayor Gillmor Mayor Gillmor wished everyone a great Christmas and Happy New Year and agreed with Mr. Wright to pray for better economic times. He also asked those with any spare money to remember the food banks. 8 Regular City Council Meeting December 16, 2009 Page Nine E. Vice Mayor Hill Mr. Hill wished everyone a Happy Holidays and blessed New Year. 13. Being no further business, Mayor Gillmor adjourned the regular meeting at 7:23 p.m. Approved at the January 13, 2010 Regular City Council Meeting. Richard H. Gillmor ATTEST i Sally A. Maio City Clerk 9