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Home My WebLink About01262000 I I I I I I I I I I I I I I I I I City. of Sebastian 1225 Main Street Sebastian, florida 32958 CITY COUNCIL REGULAR MEETING AGENDA PACKET WEDNESDAY, JANUARY 26, 2000 7:00 PM 2. 3. 4. SEBASTIAN CITY COUNCIL MINUTES REGULAR MEETING WEDNESDAY, JANUARY 26, 2000 - 7:00 P.M. CITY COUNCIL CHAMBERS 1225 MAIN STREET, SEBASTIAN, FLORIDA Mayor Neuberger called the Regular Meeting to order at 7:00 p.m. The Pledge .of Allegiance was_recited. Invocation was given by Reverend Jim Wingate, Cornerstone Baptist Church. ~OLL CALL Qity Council Present,; Mayor Chuck Neuberger Mr. Joe Barczyk Mr. Ben A. Bishop Mr. Edward J. Majcher, Jr. City Council Absen~ Walter Barnes (excused) Staff Present: City Manager, Terrence Moore City Attorney, Rich Stringer City Clerk, Kathryn O'Halloran Chief of Police, Randy White Public Works Director, Terry Hill Deputy City Clerk, Sally Maio Regular City Council Meeting January 26, 2000 Page Two AGENDA MODIFICATIONS (ADDmON,~ ~,NDIOR DELETIONS} Items not on the written agenda may be added only upon a majority vote of City Council members (R-99-21) 00.021 ELECTION MATTER~ (City Clerk Transmittal, Proclamafon, R-O0-Of, Charter Sections, Supervisor of Elections Letter) A. proclamation Calling M~ch 14, 5000 General ELeq~Lon ,~ Mayor Neuberger read the election proclamation. B. Resolution No. R-00-01 - Calling Election and Stati. ng Its_ Purpose A RESOLUTION OF THE CITY OF SEBASTIAN, INDIAN RIVER COUNTY, FLORIDA DESIGNATING THE OFFICIAL POLLING PLACES FOR A GENERAL ELECTION TO BE HELD ON MARCH 14, 2000, FOR THE PURPOSE ~3F ELECTING TWO CITY COUNCIL MEMBERS FOR TERMS OF TWO (2) YEARS AND PLACING EIGHTEEN REFERENDUM QUESTIONS ON THE BALLOT; PROVIDING FOR REPEAL OF RESOLUTIONS OR PARTS OF RESOLUTIONS IN CONFLICT HEREWITH; AND PROVIDING FOR AN EFFECTIVE DATE. The City Attorney read Resolution No. R-00-01 by title. MOTION by I move to adopt Resolution No. R-00-01. Formally Request Inclian River County Supervisor of Elections to Ac~minister Election MOTION by I move to formally request the indian River County Supervisor of Elections to administer the March 14, 2000 municipal election. 00.022 PROCLAMATIONS. ANNOUNCEMENTS AND/OR A. Introduction o~f Sebastian_ Municipal Airport Intern. Jason Milewski The City Manager introduced Jason Milewski. 00.023 Recognition of Sebastian Busi.Qe~es for_~800 Arbor Day 20_00 Donation Mayor Neuberger read a letter commending the following businesses for their contribution: Ameron Homes Krogel Produce Advance Custom Carpentry Clark Water Henry Fischer and Sons Paramount Plumbing Gator Lumber Keith'S Carpentry Shady Springs Landscaping East Coast Trenching T and T Electric Complete Electric Arnold's Air Conditioning Capital Cabinets Florida Floor Fashions 00.024 Dudley Woolley.- I~e~t~le~t to Place Small Plaque of Remembrance on City Owned Bench in River~iew Park. I~ast (Growth Manageme_nt Transmittal) Mr. Woolley presented his request to Council. CITY ATTORNEY MA~TTER~. CiTY MANAGER 10. CITY CLERK MATTEJ~ 11, CITY COUNCJL_MA.'[TER:~ A, Mr, Barczyk .. Mr. Barnes ~,&,~_~,~_~-~- Mr. Bishop/L/~-;~"~/~,~ Mr. Majcher Mayor Neuberger 00.008 12. CONSENT AGENDA Ail iterr~ on ~e consent agenda am considered mu#ne and w~l be enacted by one motion. Them wffl be no separate =[scusston of consent agenda items unless a member of City Counc~7 so request' in which event, the item w81 be removed and acted upon separately. A. Approval of Minutes - 1/12/00 Regular Meeting Approve Retroactive Date of 12/8199 for City Clerk Salary Increase Approved by Council on 1/12/2000 (Finance Director Memo 1/20100) The City Manager read the consent agenda. MOTION by I move to approve the consent agenda. 13. PUBLIC HEARING - None 14. INTROOUCTION OF NE~/y ~U$1NESS FROM THE PYBUC Item that has occurred or was discovered within the previous six months which is not otherwise on the agenda - sign- up required- limit often minutes for each speaker 7 lS. COMMITTEE REPC)RT$1RE(~OMM~NDATI.Q_N~. 16. OLD BU$1NE~:S 00.001 Code Enforcement o~.erational Enhancement (City Manager Transmittal. City Manager Memo) 9 00.025/ 99.195 17. A. Approve Change Order ~2 for Summer]in ~eYerl ~s Contract for Main Street Pier in the Amount of $1.~,000 - Replace_Finoer Piers and Install New ~.gbtino (Public Works Transmittal MOTION by I move to approve Change Order #2 to Summerlin Seven Seas in the amount of $13,000, 00.026 Award_Annual Materials Cqntracts - 1) Fischer and Sons - Sand $3.74 Cy; Quarry - General Fill $2.99 ~Y, Road Stabilization $3.25 CY and CoqqiDa Shell ,~.75 Ton (Public Works TralD~mittal. Bid_Tabulafioj~) MOTION by I move to award Fischer and Sons the annual materials contract for sand and Blackhawk Quarry the contract for General Fill, Road Stabilization and Coquina Shell based on the above prices per Cubic yard and tons. 00,027/ 99.166 Approve Change Ord~l'.~l ~o C.E.M. EnterPrises in the Amount of $12.725 and Appropriate $20.000 - Periwinkle Brj.dge Repairs (.Public Works Transmittal,~l. etter) MOTION by I move to approve Change Order #1 to C.E.M. Enterprises in the amount of $12,725 and a budget appropriation of $20,000. 00.028 Approve City Manager_Attendance at National I, eague of Cities Congressional City C0nfer~r~¢e :~0_q -..~arc. LhL ] 0 -13. :2000 (City Manager Transmittal 1/21/00) MOTION by I move to approve the City Manager to attend the National League of Cities Congressional City Conference 2000, scheduled to be held in Washington, DC on March 10th through 13th. 14 00.029/ 99.112 ~e~;)l~on N{). R-00-06 - Final Plat for Collier Club Phase I_ B .(City Engineer Transmittal, R-00-06. Final Plat Undel~ Separate Cover) A RESOLUTION OF THE CITY OF SEBASTIAN; INDIAN RIVER COUNTY, FLORIDA, APPROVING THE FINAL PLAT FOR A SUBDIVISION KNOWN AS COLLIER CLUB PHASE I (B); PROVIDING FOR CONFLICTS HEREWITH; PROVIDING FOR EFFECTIVE DATE. The City Attorney read Resolution No. R-00-06 by title. MOTION by I move to adopt Resolution No. R-00-06. 00.030 [Resolution No. R-00-07 - Authorize City Manage[ 1;~) Apply for Highway. Beautification Gmr~t from FDOT (City Manager Transmittal 1/21/2000. R-00-07} A RESOLUTION OF THE CITY OF SEBASTIAN, INDIAN RIVER COUNTY, FLORIDA, AUTHORIZING CITY MANAGER TO APPLY FOR A HIGHVVAY BEAUTIFICATION GRANT FROM THE FLORIDA DEPARTMENT OF TRANSPORTATION; PROVIDING FOR CONFLICT; PROVIDING FOR EFFECTIVE. The City Attorney read Resolution No. R-00-07 by title. MOTION by I move to approve Resolution NO. R-00-07 authorizing the City Manager to apply for Highway Beautification Grant from the Florida Department of Transportation. 00.031/ I~llsoq~ Mobility Tower Lease Agreement - Authorize City ~ttorney to Finalize and City 9~9~0~8._0 Manager t~ Execvte Contract (City Attgrrl~y 'l'ransmittal 1/20100. 7~96 Agr. e~Ql~.qt, 3(1.6199_ ~'E"x't'epslisn Request. 5/13~/99 Lease MOTION by I move to authorize the City Attorney to finalize contract in accordance with the terms presented herein, and authorize City Manager to execute same. 17 00.032 First Reading of Or~l[nance No, O-QQ-03 - Methodology for Measuring Lot Width in RiveffronlL District - Schedule Public Hearing for 2/23100 (City Attorney Transmittal, 0-00-03) AN ORDINANCE OF THE CITY OF SEBASTIAN, INDIAN RIVER COUNTY, FLORIDA, AMENDING SECTION 20A-19.3(9), LAND DEVELOPMENT CODE, RIVERFRONT OVERLAY DISTRICT DEFINITIONS; PROVIDING FOR CONFLICTS; PROVIDING FOR SEVERABILITY; AND PROVIDING FOR AN EFFECTIVE DATE. The City Attorney read Ordinance No, 0-00-03 by title only. MOTION by I move to pass Ordinance 0-00-03 upon first reading and set public hearing for 2/23/00. 18. ADJOURN (All meetings shall adjourn at 10:30 p.rn, unless extended for up to one half hour by a majority vote of City Counci0 18 THE FOLLOW]:N6 ]:5 A LIST OF ACT]:ON5 TAKEN ANb/OR blREeTZON5 6]:VEN AT THE t/26/2000 REF_.~JL~R MEETZN6 All Follow-up Correspondence should be copied to the file and any file to go in the vault should have its backup material put in chronological order ~ty ~{aea.¢~-, ~y 4 tmneey, Pu~ha~ and a//othe~ dq~ee¢ hem~ .eot a full #cf of draft minute,~, ~,d ~e re.spo~ible fo~ copyi~ wha~vet' i# pertinent to th~'r dtl:~t'~. We will coo~'t~ to p[ace copie, s of individual 00.021 00.022 00.023 00.024 ~Qclamation C~lliog March 14. 2000 Generd Election: AesglutiQn No. R-00-0! - Calling Election and 5toting ];ts Purpose Far. ally Request Indjgn River County Supervisor of_ Elections to Administer ElecTiun - eead. odopted end oppeoved copy minutes to file copy proclamation to file and post original on front board sign, seal R-O0-O! and copy to file, counter, SeE packet blue back original res and file in vault O0 ORZ6 RE5 letter to SeE (see format in elections directory) enclosing copies of proclamation, R-O0-Oi, and minutes pages - note that final ballot will be submitted afte~ Friday end of qualifying update \wp-res\r-O0 as to adopted date file backup in pending credenza Zntroductio~ of Sebastian Municipal Airport ];ntern. Jason Milewski - inteocluced copy minutes to file - file AIRPORT Recognition of Sebastian Businesses for $800 Arbor bay 2000 C)onation - M~yor reod list - list will be ploced in ¢i~/newsletter place list in CZTY COUNCZL correspondence in vault budJey WooJley - Request to Place 5n~ll Plaque of Remembrance on City Owned Bench in Riverview Park EosJ: - consensus that Wodley buy bench, week with staff on type and IocGtion copy minutes to file file PARK5 - Riverview Approval of Minu~es - 1/12/00 Regular Meeting - appeoved sign, seal and place in book with specified backup 00.008 00.001 00.02§ 00.026 00.027 Approve Rel~oactive Date of 1~/8/99 for City Clerk Salary Zncrense Approved by Courlcil on 1/Z2/;~000 - appmv~ copy minutes to file Code Enforcement Operational ~quir~d copy minutes to file file vault - PERSONNEL ~nhancement- discussion only - no council action 61~prove Change'Order #2 for ~ummerlin ~even 5oas Contract for Main 5~t Pi~ in the Amount of $~3.000 - ~1~ Fi~ Pi~s ~d I~all New Lighti~ - app~ved copy minu?~ to file ~n to have ch~e erd~ sig~ ~d will gi~ us one fo~ vault update ~wp-fil~ag~.~d J file ~ult - A~EEMENT5 - ~mm~lin 5ev~ Awerd Annul Martials Con~s - 5hell ~6.75 Ton - .pp~d / c~te ~o fil~ - Fisch~ ~ 5~ns and Blackhawk - copy minut~ ?o fil~ det~mi~ if thee will ~ con~ts file ~w fil~ in ~ult - A~EEMENT5 move p~evio~ ~piP~ agents to ~RMZNA~D A~EEMENT5 update and add to \wp-files\agr~ when bid file is received - file in Approve Change Orde~ #! t9 ¢.E Appropriate $20.000 - Periwinkle emen.wpd ~ult- O0 BZDS/PURCHASE5 - PW M. Enterprises in the Amount of $12.725 and :Bridge Repairs - approved copy minutes to file ~Tean to have change order signed and will give us one for vault update \wp-files\agreemen.wpd file vault - AC~EEMENT$ o C. EJ~. Bridge Repair 2 00.018 00.028 00.029 00.030 00.031 Authorize the City Manager t9 Enter Into Conceptual Apprg_v~j Agre,~411ent Between Floeida Communitie~ Trust freT), [ndianRiver Courlty and City of Sebastian - Acquisition of 5ou~h Five Acres of P~rk Place Mobile_Home Park AcLjacent to Wabas$o Scrub ¢onservatioll Area - authorized copy minutes to file ~Tean to have agreement signed and will give us one for vault file vault - AC:d~,EEMENT5 - ~nterlocal - hCA (FCT) 6gprove City Mgnager Att~pdance at Natigr)a! League of Cities Congressional City Conference 2000 - March 10 -J3.2000 - approved copy minutes to file file vault - CITY MANAGER Resolution No. I~-OQ-06 - Final Plat for Collier C[Ub ph~st ~ B - adopted sign seal res - copy to file, counter, &MI:), Engineering, applicant plat to be signed by all parties and recorded - check from applicant blueback original res and file vault - O0 ORZ& RE5 file backup in vault - PUD$/SUBbIV[$TON$ - Collier Club update \wp-res\r-O0 as to adopted date ResgJ~on No. R-O0-07 - Authorize City/IAan~ger to Apply for Highway B~utificatJon Gra~t from FDO~ - odop~d wi~ o ~ ~ ~e f~e ~at ~e Ci~ ~ ~nfly umdee e ~n~m of ~me~t wi~ F~T which will need a~nd~nt if th~ g~nt a~ed sign seal res - attach copy of minutes page to resolution and copy to file, counter, Engineering, Finance bluebeck original res and file vault - O0 ORI& RES file backup in vault - O0 RE5 BACKUP update \wp-res\r-O0 as to adopted date Bellsouth Mobility Tower Lease Agreeq)~,~t - Authorize City Al~orney to Finalize and Execute Contract - Attorney to fimdize and Managee to sign copy minutes to file ~Tean will have agreements signed and give us one for vault - AC-~EEMENT5 update \wp-files\agreemen.wpd 00.032 First Reading ef_Ordinonce No. ~Q-_00-03 - Methodojggy for Me~uriag Lot Width in Riverfront District - Schedule Public Hearirjg for 2/23/00 - appeared on first eeediag - ph 2/23/00 copy minutes to file advertise 2/23 ph on 2/9 legal ~otices file pending credenza ~ ATTORNEY IRATTEILS Reported on the Attorney Goneral opinion relatijve to realtor licenses, noting the Attorney General agreed it is not lawful to exempt any business that is not specifically exempt under state statute, and therefore it would not appropriate to exempt p~ofessionals required to work under another' .professional such as real estate salesman requi~ed to work under a broker. He also advised that anyone that's got a listing in the City is subject to our occupational license because they are doing business in the City on less than a transient basls.' He defined transient as someone who is making a delivery in the City. Louise Kautenberg addressed City Council, saying she had no problem paying the fee as long as all people listing property in the City pay the fee. CZTY M~HAmER MATTERS I Reported on a January 24, 2000 Treasure Coas]( Regional Planning Council meeting relative to state initiatives to enhance growth management, and ~ated that he will present a mission statement relative to the City Hall renovation at the February 9, 2000 Reported on a conversation with Mike Busha fro1m Treasure Coast Regional Planning Council relative to Riverfront plans. He said Mr. Busha could put tegether a team to meet with City Council members and residents in round table discussions over a period of a week to come up with a conceptual design at a cost of opproximately $10,000 to $15,000. He Manager. Reported on the Third Annual Sebastian River H ~aid he would give the information to the City igh School Golf Classic on February 26, 2000. 4 2. 3. 4. SEBASTIAN CITY COUNCIL MINUTES REGULAR MEETING WEDNESDAY, JANUARY 26, 2000 - 7:00 P.M. CITY COUNCIL CHAMBERS 1225 MAIN STREET, SEBASTIAN, FLORIDA Mayor Neuberger called the Regular Meeting to order at 7:00 p.m. The Pledge of Allegiance was recited. There was a moment of silence. ROLL CALL ~,~ Council Pres_ent: Mayor Chuck Neuberger Mr. Joe Barczyk Mr. Ben A. Bishop Mr. Edward J. Majcher, Jr. City Council Absent: Walter Barnes (excused) Staf~ Present: City Manager, Termnce Moore City Attorney, Rich Stringer City Clerk, Kathryn O'Halloran Chief of Police, Randy White Ueutenant, Chance Reardan Deputy Chief, David Puscher Public Works Director, Terry Hill City Engineer, Martha Campbell Growth Management Director, Tracy Hass Finance Director, Mark Mason Human Resoumes Director, Rich Samolewicz Deputy City Clerk, Sally Maio DRAFT Regular City Council Meeting January 26, 2000 Page Two DRAFT 00.021 AGENDA MODIFICATIONS (ADDmONS ANDI~)~I~I. ET]~)N$.) Items not on the written egenda may be added only upon a majority vote of City Council members (R-gg-21) City Council added a presentation by Wendy Quick from Midwest Research Institute as item D under Presentations. ELECTION MATTERS (City Clerk Transmittal, Proclamation, R-O0-Of, Charter Sections, Supervisor of Elections Letter) A. Proclamatig. B Calling Ma[ch 14, :~000 General Election Mayor Neuberger read the election proclamation. Resolution No, R-00-01 - Calling Election_and St~tin. g Its Purpos~ A RESOLUTION OF THE CITY OF SEBASTIAN, INDIAN RIVER COUNTY, FLORIDA DESIGNATING THE OFFICIAL POLLING PLACES FOR A GENERAL ELECTION TO BE HELD ON MARCH 14, 2000, FOR THE PURPOSE OF ELECTING TWO CITY COUNCIL MEMBERS FOR TERMS OF TWO (2) YEARS AND PLACING EIGHTEEN REFERENDUM QUESTIONS ON THE BALLOT; PROVIDING FOR REPEAL OF RESOLUTIONS OR PARTS OF RESOLUTIONS IN CONFLICT HEREWITH; AND PROVIDING FOR AN EFFECTIVE DATE. The City Attorney read Resolution No. R-00-01 by title. MOTION by Barczyk/Majcher '1 make a motion we adopt the Resolution as read.' ROLL CALL: Mayor Neuberger - aye Mr. Barczyk - aye Mr. Barnes - absent Mr. Bishop - aye Mr. Majcher - aye MOTION CARRIED 4-0 C. Formally. [~ecLuest Indian Pdver County Supervisor of Elections to Administer Election MOTION by Barczyk/Bishop "1 make a motion we approve the letter to Kay Clem, Supe~sor of Elections for supporting the election." ROLL CALL: , aye._._...~ -aye,'-' Mr. Bishop -aye Mr. M~cher -aye Mayor Neuberger -aye MOTION CARRIED 4-0 Regular City Council Meeting January 26, 2000 Page Three DRAFT 00.022 00.023 00.024 new PROCLAMATIONS, AN~I. OU~(;:I~MENT~ PJ~D~.qR PRESENTATIONS A. Ir~trpducliqn of Seba~an Municipal Airport Intern. Jason Milew~kj Jason Milewsld introduced himself to the City Council and he was welcomed aboard by Council. I~ecogojtion of Sebpstian Busines., les for $1~00 Arbor Day 2000 Do_nation Mayor Neuberger read a letter con Ameron Homes Krogel Produce Advance Custom Carpentry Clark Water Henry Fischer and Sons Paramount Plumbing Gator Lumber Keith's Carpenby ~mending the following businesses for their cOntribution: Shady Spdngs Landscaping East Coast Trenching T and T Electric Complete Electric Arnold's AJr Conditioning Capital Cabinets Florida Floor Fashions Mr. Barczyk commended the Treel Board for Arbor Day festivities. D Dudley Woolley - Request to Place Small Plaque of Remembrance on C_j~y_O_wned Bench in Riverview park East (Growth Management Transmittal_) / Mr. Woolley presented his request~nd the Growth Management Director addressed City Council. Following City Council discussion, and input from the City Manager, it was the consensus of City Council that Mr. Woolley purchase! the bench, that it be compatible with other benches in the district, and be coordinated with City staff for placement. Wendy Qui~k - Midwest Res~aE~b. jrtsfitU~ Ms. Quick gave a brief presentation relative to an education program being conducted with the Girl Scouts to inform the public about s lormwater pollution by placing decals on stormwater drains. CITY ATFORNE~ MAT[ER~ · Reported on the Attorney General ~opinion relative to realtor licenses, noting the Attorney General agreed it is not lawful to exempt arly business that is not specifically exempt under state statute; and therefore, it would not be appropriate to exempt professionals required to work under another professional, such as real estate salesman required to work under a broker. Citing Florida Statutes, he also advised that anyqne-- "-that s got a listing in the City is subject to our occupational license because they are doing buSiness in the City on less than a transient basis. Louise Kautenberg addressed City Council! saying she had no problem paying the fee as long as all realtors listing property in the City pay the fee. Regular City Coun~l Meeting January 26,2000 Page Four DRAFT 9. CITY MANAGER MATTERS Reported on a January 24, 2000 Treasure Coast Regional Planning Council meeting relative to state initiatives to enhance growth management, correlating it with a mission statement relative to the City Hall renovation he will present at the February 9, 2000 regular meeting. 10. CITY CLERK MAr[ERS None. 11. CITY COUNCIL MA'rrERS A. Mr. Barczyk Reported on a conversation with Mike Busha, Treasure Coast Regional Planning Council relative to Riverfront plans. He said Mr. Busha could put together a team to meet with City Council members and residents in round table discussions over a period of a week to come up with a conceptual design at a cost of approximately $10,000 to $15,000. He said he would give the information to the City Manager. B. Mr. I~arnes Al~ent. C. Mr. Bishop None D. Mr. Majcher Reported on the Third Annual Sebastian River High School Golf Classic on February 26, 2000. E. Mayor Neuberge[ None. 12, CONSENT A(}ENDA All items on the consent agenda are considered mu~e and will be enacted by one rno~on. There will be no separate discussion of consent agenda items unless a member of City Coun~ so requests; in which event, the item will be removed and acted upon A. Approval of Minutes- 1/12/00 Regular Meeting 00.008 Approve Retroactive Date of 12/8/99 for City Clerk Salary Increase Approved by Council on 1/12/2000 (Finance Director Memo 1/20/00) The City Manager read the consent agenda. 4 Regular City Council Meeting January 26, 2000 Page Five DRAFT MOTION by Majcher/Bishop '1 make a motion to approve the retroactive date of 12/8/99 for City Clerk salary increase approved by Council on 1112/2000 and approve of minutes on 1/12/2000." ROLL CALL: Mr. Barnes - absent Mr. Bishop - aye Mr. Ma'cher - aye Mayor Neuberger - aye Mr. Barczyk - aye MOTION CARRIED 4-0 13. PUBI~IC HEARING - None 14. INTRODUCTION OF_NE[~N BUSINESS F_ROM THE PUI~I.I(~ 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 Bob Ashcroft, 785 George Street, Sebastian, discussed drainage problems in the City and problems with Collier Creek Estates. ~ Thomas Ginolfi, Toledo Street, Sebastian, requested refund of Golf Course membership due to health problems last year. The City Manager advised City Council oR the Golf Course refund policy which allowed a four month reimbursement and which Mr. Ginolfii hac Charles Stachel, Coral Reef Street, exprE TAPE I - SIDE II (7:45 p.m.) use of the newly purchased Riverfront pr( Council appoint a committee of conceme Rich Taracka, Coverbrook Lane, Sebasti~ Enforcement;, expressed concern for the past; and recommended the City Manage 15. COMMrl-rEE REPORTS/RECOMMEND, None. received. ssed concern about Council's decision to turn over review of the ,perry to the Recreation Committee; and suggested that City citizens for this sole purpose or review it themselves. ~n, discussed a rumor relative to reorganization of Code nanner in which Code Enforcement has been conducted in the r be allowed to run the city's departments. ~TIONS Regular City Council Meeting January 26, 2000 Page Six DRAFT 16. OLD BUSlNES§ 00.001 A. C~Je Erj~[q. rcementOpera~i0pal Enhanc,_ement (City Manage[ ~r~}r~sr[li!;~al. City Manaqel' The City Manager addressed City Council on the management team recommendation relative to enhancement of City operatons and specitically Code Enforcement procedures (see City Manager memo dated January 9, 2000 attached). Each member of the Management Team addressed City Council on the recommended plan of action as follows: G..[owth Manage~nent Dire~or. Tracy Has~ - cited the need to dedicate more time to ongoing major projects which could be achieved by relinquishing time spent on day to day operations related to Code Enforcement Chief Qf Pglice. Randy Wh_[te and Police Lieutenant. Chance Riordar) - stated that there is no intent for this process to include building code enforcement; described the proPosed process and certification requirements; and distributed a sample citation TAPE II- SIDE I (8:30 p.m.) Finance Direct~)r. Mark Maso0 - discussed the proposal from a budgeting point of view, noting that the budget ordinance provides for transfer of duties between departments Human. Resources Dire~or. Rich Samole~c~ - said the only impact for the two people involved will be that they will report to another department The City Manager noted this proposal is not an endorsement of removal of the Code Enforcement Board. Mayor Neuberger called recess at 8:40 p.m. and reconvened the meeting at 8:55 p.m.. All members present at roll call were present when the meeting reconvened. The City Attorney advised that this departmental reorganization is a City Manager function; that no codes will have to be amended to provide for the reorganization; that a resolution will have to be adopted to set out specific fine amounts; and that staff will have the option of taking certain violations to the Code Enforcement Board. Mayor Neuberger read a prepared statement on the meeting that was held in February 1998 relative to Cede Enfomement; and expressed his objection to the proposal to reorganize. Code Enforcement Board members Sal Neglia, Ken Cosco, Elizabeth Brauer and Al Schofield expressed their objections to the reorganization policy. RegularCityCouncil Meeting January26,2000 Page Seven DRAFT 00.025/ 99.195 17. Charles Stachel, Coral Reef Street, Sebastian, said code enforcement has at times been unevenly enforced in the city due to special treatment. NEW BUS~NE~S A. A~mrove (;;b~lng~ Order ~2 for Sumr~rlin Seven {~eas CoB[ra~ for Maiq ~'eet Pier in the Amount of $13.000 - Replace Eingerpjers aJ3d Install New Lighting (Public Works Transmittal 1 I1 OK)O) MOTION by Barczyk/Majcher ; "1 move to approve Change Order #2 to Summerlin Seven Seas in the amount of $13,000." ROLL CALL: MOTION CARRIED 4-0 Mr. Bishop = - aye Mr. Majche~ - aye Mayor Neubbrger - aye Mr. Barczyk - aye Mr. Bames i - absent 00.026 B. Award ~a~pj~qal Materials Conlm~ -' ) Fischer and Sons - Sand $3.74 CY; ~) Blackbawl~ Quarry - General Fill $2~99 CY. Roa(~ Stall~ilj~[ion $3.25 CY and Coquina Shell $6.75 Ton (Public Works Transmittal. Bid Tal~ulatiqn) MOTION by Majcher/Bishop '1 move to award Fischer and Sons the annual materials contract for sand and Blackhawk Quarry the contract for General Fill, Road Stabilization and Coquina Shell based on the above prices per Cubic yard and tons." ROLL CALL: Mr. Majcher - aye Mayor Neub ;rger - aye Mr. Barczyk - aye Mr. Barnes - absent Mr. Bishop - aye MOTION CARRIED 4-0 00.027/ C. Approve Change Order #1 C.E.M. Enterprises in the Am0~lpt_of $12.725 and Appropriate 99.166 ~20.000 - Periwinl~l~ Bridge Repairs (public Works Transmittal.~Letter) The city Engineer gave a brief preserltafion. TAPE II- SIDE II (9:30 p.m.) The City Manager noted this could be reimbursed by FEMA since it is directly related to hurricane damage. Mayor Neuberger inquired about the Fleming Street project and the City Engineer advised that it is not complete. Regular City Council Meeting January 26, 2000 Page Eight DRAFT 00.018 MOTION by Barczyl0Majcher "1 move to approve Change Order #1 to C.E.M Enterprises in the amount of $12,725 and a budget appropriation of $20,000." ROLL CALL: Mayor Neuberger - aye Mr. Barczyk - aye Mr. Barnes - absent Mr. Bishop - aye Mr. Majcher - aye MOTION CARRIED 4-0 ~Aut_horize the City IV].anager to Enter Into ConcelXttal Approval Agreement Between Florida Communities Tlru. st (.FC'F), Indian Rjyer Co.g. rltY and City of ~ebastian - Acquisition of South Five Acres of Park Place Mobile Home Pa_r~ Adjacept to Wabasso Scrub Consewafion Area (City Manager Tra.rlsmittal, DeBIois L~t~r, MOTION by Majcher/Bishop '1 make a motion to move to authorize the City Manager to enter a Conceptual Approval Agreement between the Florida Communities Trust (FC'r) and Indian River County and the City of Sebastian for the acquisition of the southern 5 acres of Park Place Mobile Home Park, which is contiguous to the County's Wabasso Scrub Conservation Area." ROLL CALL: Mr. Barczyk - aye Mr. Barnes - absent Mr. Bishop - aye Mr. Majcher - aye Mayor Neuberger - aye MOTION CARRIED 4-0 Mayor Neuberger noted that he had attended an FCT presentation on Florida green space and inquired whether FCT could be asked to come to Sebastian to give a presentation. Regular City Council Meeting January 26, 2000 Page Nine DRAFT 00.028 E. 00.029/ F. 99.112 00.030 G. Al>Drove City Manager Attar)dance al NalJonal League of Cities Congre~gnal City Cot'[ference ~000 - March 10 -13. 2000 (_City Manager Transmittal 1/21/00) MOTION by Bamzyk/Majcher '1 move to approve the City City Conference 2000, scheduled to return back on March 13th." ROLL CALL: MOTION CARRIED 4-0 lanager to attend the National League of Cities Congressional )e held in Washington, DC on March 10th through 13th to Mr. Barnes Mr. Bishop Mr. Majchel Mayor Neul: erger Mr. Barczyki - absent - aye - aye - aye - aye Eesolu~q~ No. R-00-06 - Final Plat f¢r Collier Club Phase I B (City Engineer Transmittal. I~-D0-0~,_Final Plat Under Separate (~over) A RESOLUTION OF THE CITY OF SEBASTIAN, INDIAN RIVER COUNTY, FLORIDA, APPROVING THE FINAL PLAT FOR A SUBDIVISION KNOWN AS COLLIER! CLUB PHASE I (B); PROVIDING FOR CONFLICTS HEREWITH; PROVIDING FOR EFFECTIVE DATE. j The City Attorney read Resolution NO. R-00-06 by title. The Growth Management Director a~ldressed City Council. MOTlO~lbY Majcher/Barc~k move to adopt Resolution ,~o. R~O0-O~.' 8teYe Melchiore, Onsite Management, responded to concerns regarding ¢leadng. ROLL CALL: Mr. Bishop: - aye Mr. Majche~' - aye Mayor Neuberger - aye Mr. Barczyl( - aye Mr. Barnes I - absent MOTION CARRIED 4-0 Resolution No. R~00-07 - Aut~qjrize City Manager to ADDly for Highway Beautification Grant from FDOT (City Manager Transmittal 1/'2..1/200q, R~00-07) A RESOLUTION OF THE CITY OF SEBASTIAN, INDIAN RIVER COUNTY, FLORIDA, AUTHORIZING CITY MANAGER TO APPLY FOR A HIGHWAY BEAUTIFICATIC~N GRANT FROM THE FLORIDA DEPARTMENT OF TRANSPORTATION; PROVIDING FOR CONFLICT; PROVlDINGFOR EFFECTIVE. The City Attorney read Resolution Ne. R-00-07 by title. The City Manager asked, on the advice of an FDOT official, that it be noted with the resolution that the City of Sebastian is currently under a memorandum of agreement with FDOT which is to be updated when and if the grant is awarded. Regular City Council Meeting January 26, 2000 Page Ten DRAFT MOTION by Bishop/Barcz~ '1'11 move to approve Resolution R-00-07 authorizing the City Manager to apply for Highway Beautification Grant from lhe Florida Department of Transportation as amended." ROLL CALL: Mr. Majcher - aye Mayor Neuberger - aye Mr. Barczyk - aye Mr. Barnes - absent Mr. Bishop - aye MOTION CARRIED 4-0 00.031/ 99.080 Bellsouth Mobility Tower Lease Agreement- Authorize City Attorney to Finalize and C~ Manager to Execute Contract £Citv Attorney Transmittal 1/20/00.7/96 Agreement. 3/16/99 Extension Request. 5/13/99 Lease Proposal) Charles Stachel, Coral Reef Street, Sebastian, addressed Council. MOTION by Majcher/Neubefl;ler "1 make a motion t~ move to authorize City Attorney to finalize contract in accordance with the terms presented herein, and authorize City Manager to execute the same." ROLL CALL: Mayor Neuberger - aye Mr. Barczyk - aye Mr. Barnes - absent Mr. Bishop - aye Mr. Majcher - aye MOTION CARRIED 4-0 00.032 First Reading of Ordinance No, 0-00-03 - Methodology for Measuring Lot Width in Riverfront District - Schedule Public I-leadng for 2/23/00 {City Attorney Transmittal. 0-00-03) AN ORDINANCE OF THE CITY OF SEBASTIAN, INDIAN RIVER COUNTY, FLORIDA, AMENDING SECTION 20A-19.3(9), LAND DEVELOPMENT CODE, RIVERFRONT OVERLAY DISTRICT DEFINITIONS; PROVIDING FOR CONFLICTS; PROVIDING FOR SEVERABILITY; AND PROVIDING FOR AN EFFECTIVE DATE. The City Attorney read Orcrmance No. 0-00-03 by title only, bdefly described its intent, and cited Planning and Zoning engineers' concurrence with the language. MOTION by Majcher/Barcz~ "1 make to pass or~rmance 0-00-03 upon first reading and set public hearing for 2/23/2000." ROLL CALL: Mr. Barc~k - aye Mr. Bames - absent Mr. Bishop - aye Mr. Majcher - aye Mayor Neuberger - aye MOTION CARRIED 4-0 10 CITY COUNCIL MEETING DATE: ITEM NO. MOTION ROLL CALL 1 Mayor Neuberger Mr. Barczyk M~. Bame3-- Mr. Bishop Mr. Majcher SECOND ITEM NO. ROLL .CALL ,2 Mr. Barczyk Mf:-Bames~ .... Mr. Bishop j Mr. Majcher ''~ Mayor Neuberger ~'f MOTION SECOND ITEM NO. ROLL CALL Mr. Barnes Mr. Bishop -~ Mr. Majcher / Mayor Neuberger,/ Mr. Barczyk~ MOTION .-7'-' SECOND /},~.~..~ ~ ITEM NO. RQLL CALL 4 Mr. Bishop Mr. Majcher Mayor Neuberser Mr. Barczyk. M~.~'es ITEM NO. (¢" ROLL CALL Mr. Majcher Mayor Neuberger Mr. Barczyk ~ - Mr, Bishop "~ MOTION MOTION SECOND CITY COUNCIL MEETING DATE: ITEM NO. ROLL CALL 1 Mayor Neubergcr Mr. Barczyk. Mr. Bishop Mr. MajcherJ ITEM NO. ~~ ROLL CALL2 Mr. Barczyk Mr. Bishop Mr. Majcher Mayor Neuberger MOTION MOTION SECOND SECOND ITEM NO. ROLL CALL_t Mr. Bishop Mr. Majcher Mayor Neuberger Mr. Barczyk, ITEM NO. ~ ~ ~ ROLL CAI,L 4 Mr. Bishop Mr. Majcher Mayor Neuberger Mr. Barczyk MOTION MOTION SECOND SECOND ITEM NO...~ ROLL CALL Mr. Majcher Mayor Neubergcr Mr. Barczyk Mr. Bishop MOTION SECOND CITY COUNC~I~ MEETING DATE: ITEM NO. .0~. ~ / ROLL CALL 1 Mayor Ncuberger Mr. Barczyk Mr.-Barnes Mr. Majchcr MOTION SECOND ITEM NO. ROLL CALL Mr. Barczyk M~. Barnes Mr. Bishop Mr. Majcher ) Mayor Neuberger . SECOND ITEM NO. ROLL CALL 3 Mr. Barnes Mr. Bishop Mr. Majcher Mayor Neuberger Mr. Barczyk MOTION SECOND ITEM NO. ROLL CALL 4 Mr. Bishop Mr. Majcher Mayor Neuberger Mr. Barczyk Mr. Barnes MOTION SECOND ITEM NO. ROLL CALL Mr. Majcher Mayor Neuberger Mr. Barczyk Mr. Barnes Mr. Bishop MOTION SECOND Walter and Florence Barnes 402 Azine Terrace Sebastian, FL 32958 561-589-8380 To the City Manager. City Clerk. Mayor and Council Excused Absence: I will be out of Town on January 26, 2000 and unable to attend the City Council meeting on that date. Walter W Barnes City Council member SEBASTIAN CITY COUNCIL AGENDA REGULAR MEETING WEDNESDAY, JANUARY 26, 2000 -7:00 P.M. CITY COUNCIL CHAMBERS 1225 MAIN STREET, SEBASTIAN, FLORIDA ALL AGENDA ITEMS MAY BE INSPECTED IN THE OFFICE OF THE CITY CLERK - 1225 MAIN STREET, SEBASTIAN, FLORIDA Indit4duals will address the City Council with respect to agenda items immediately before deliberation of the item by the Cib/ Council - limit of ten minutes per speaker (R-99-21) 1. CALL TO ORDER PLEDGE OF ALLEGIANCE INVOCATION - Reverend Jim Wingate, Cornerstone Baptist Church 00.021 1-7 ROLL CALL AGENDA MODIFICA'I'ION~ (A.~J;)ITJQN$ A~[;)/OR DELETIONS) Items not on the written agenda may be added only upon a majodty vote of City Council members (R-99-21) I[LE(~'I'IQN MATTERS (City Clerk Transmittal, Proclamation, R-O0-01, Charter Sections, Supervisor of Elections Letted A. Proclamation Calling March 14, 2000 General Election B. Resolution No. R-00-01 - Calling Election and Stating Its Purpose A RESOLUTION OF THE CITY OF SEBASTIAN, INDIAN RIVER COUNTY, FLORIDA DESIGNATING THE OFFICIAL POLLING PLACES FOR A GENERAL ELECTION TO BE HELD ON MARCH 14, 2000, FOR THE PURPOSE OF ELECTING TWO CITY COUNCIL MEMBERS FOR TERMS OF TWO (2) YEARS AND PLACING EIGHTEEN REFERENDUM QUESTIONS ON THE BALLOT; PROVIDING FOR REPEAL OF RESOLUTIONS OR PARTS OF RESOLUTIONS IN CONFLICT HEREWITH; AND PROVIDING FOR AN EFFECTIVE DATE C. Formally Request Indian River County Supervisor of Elections to Administer Election PRO_CJ, AMATIONS, ANNOUNCEMENTS AND/OR PRESENT~TJ.ONS 00.022 9 Introduction of Sebastian Municipal Airport Intern, Jason Milewski 00.023 11 00.024 13 Recognition of Sebastian Businesses for $800 Arbor Day 2000 Donation Dudley Woolley - Request to Place Small Plaque of Remembrance on City Owned Bench in Riverview Park East (Growth Management Transmittal) 15-27 00.008 00.001 31-33 00.025/ 9g,195 35 00.026 37-38 00.027/ 99,166 39-40 o 9. 10, 11, 12, 13. 14. 15. 16. 17. CITY ATTQBNEY MATTERS CITY MANAGER MATTERS CITY CLERK MATTERS CITY COUNCIL MATTERS A. Mr, Barczyk B. Mr. Barnes C. Mr. Bishop D. Mr. Majcher E. Mayor Neuberger CONSEN]'AGEND~, All items on the consent agenda are considered routine and wlff 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 - 1/12/00 Regular Meeting B. Approve Retroactive Date of 12/8/99 for City Clerk Salary Increase Approved by Council on 1/12/2000 (Finance Director Memo 1/20/00) PUBLIC HJE~R!NG - None INTRODUCTION OF NEW BUSINESS FROM THE PUBLIG Item that has occurred or was discovered within the previous six months which is not otherwise on the agenda - sign- up required- limit often minutes for each speaker COMMI'['TEE REPO[RTS/RECOMMENDATIONS OLD BUSINESS A. Code Enforcement Operational Enhancement (City Manager Transmittal, City Manager Memo) NEW BUSINESS A. Approve Change Order #2 for Summerlin Seven Seas Contract for Main Street Pier in the Amount of $13,000 - Replace Finger Piers and Install New Lighting (Public Works Transmittal 1/10/00) B. Award Annual Materials Contracts - 1) Fischer and Sons - Sand $3.74 CY; 2) Blackhawk Quarry - General Fill $2.99 CY, Road Stabilization $3.25 CY and Coquina Shell $6.75 Ton (Public Works Transmittal, Bid Tabulation) C. Approve Change Order #1 to C.E.M. Enterprises in the Amount of $12,725 and Appropriate $20,000 - Periwinkle Bridge Repairs (Public Works Transmittal,~!Letter) 2 00.018 41-43 Authorize the City Manager to Enter Into Conceptual Approval Agreement Between Flodda Communities Trust (FCT), Indian River County and City of Sebastian - Acquisition of South Five Acres of Park Place Mobile Home Park Adjacent to Wabasso Scrub Conservation Area (City Manager Transmittal, DeBiois Letter, Map) 00.028 45 Approve City Manager Attendance at National League of Cities Congressional City Conference 2000 - March 10 -13, 2000 (City Manager Transmittal 1/21/00) 00.029/ 99.112 47-49 Resolution No. R-00-06 - Final Plat for Collier Club Phase I B (City Engineer Transmittal, R-00-06, Final Plat Under Separate Cover) A RESOLUTION OF THE CITY OF SEBASTIAN, INDIAN RIVER COUNTY, FLORIDA, APPROVING THE FINAL PLAT FOR A SUBDIVISION KNOWN AS COLLIER CLUB PHASE I (B); PROVIDING FOR CONFLICTS HEREWITH; PROVIDING FOR EFFECTIVE DATE. 00.030 51-53 Resolution No. R-00-07 - Authorize City Manager to Apply for Highway Beautification Grant from FDOT (City Manager Transmittal 1/21/2000, R-00-07) A RESOLUTION OF THE CITY OF SEBASTIAN, INDIAN RIVER COUNTY, FLORIDA, AUTHORIZING CITY MANAGER TO APPLY FOR A HIGHWAY BEAUTiFiCATION GRANT FROM THE FLORIDA DEPARTMENT OF TRANSPORTATION; PROVIDING FOR CONFLICT; PROVIDING FOR EFFECTIVE. 00.031/ 99.080 55-6~ Bellsouth Mobility Tower Lease Agreement - Authorize City Attorney to Finalize and Execute Contract (City Attorney Transmittal 1/20/00, 7/96 Agreement, 3/16/99 Extension Request, 5/13/99 Lease Proposal) 00.032 I. 61-65 First Reading of Ordinance No. O-00-03 - Methodology for Measuring Lot Width in Riverfront District - Schedule Public Hearing for 2/23/00 (City Attorney Transmittal, 0-00-03) AN ORDINANCE OF THE CITY OF SEBASTIAN, INDIAN RIVER COUNTY, FLORIDA, AMENDING SECTION 20A-19.3(9), LAND DEVELOPMENT CODE, RIVERFRONT OVERLAY DISTRICT DEFINITIONS; PROVIDING FOR CONFLICTS; PROVIDING FOR SEVERABILITY; AND PROVIDING FOR AN EFFECTIVE DATE. 18. ADJOURN (All meetings shall adjourn at 10:30 p.m. unless extended for up to one half hour by a majority vote of City Council) ANY PERSON WHO DECIDES TO APPEAL ANY DECISION MADE BY THE CITY COUNCIL WITH RESPECT TO ANY MATTER CONSIDERED AT THIS MEETING (OR HEARING) WILL NEED A RECORD OF THE PROCEEDINGS AND MAY NEED TO ENSURE THAT A VERBATIM RECORD OF THE ~ROCEEDINGS IS MADE, WHICH RECORD INCLUDES THE TESTIMONY AND EVIDENCE UPON WHICH THE APPEAL IS TO BE HEARD. (256.,3105 F.S.) IN COMPLIANCE WITH THE AMERICANS WITH DISABILITIES ACT (ADA), ANYONE WHO NEEDS A SPECIAL ACCOMMODATION FOR THIS MEETING SHOULD CONTACT THE CITY'S ADA COORDINATOR AT 589-5330 AT LEAST 48 HOURS IN ADVANCE OP THIS MEETING. Hearing Assistance Headphones are Available in the Council Chambers for all Government Meetings. Upcoming Meetings: · Regular Meeting - Wednesday, 2/9/2000 7 pm · Regular Meeting- Wednesday, 2/23/2000- 7 pm · Regular Meeting - Wednesday, 3/8/2000 - 7pm · Special Meeting - Monday, 3/20/2000 - 7 pm (Election Matters) · Regular Meeting - Wednesday, 3/22/99 - 7pm COUNCIL A&EIqDA TRANSMITTAL SUILTECT: March 14, 2000 Election Mol"rets A&ENDA NO: DEPT. ORI&ZN: DATE SUBMZq-FED: MEETIN& DATE: 1/5/2000 1/26/2000 APPROVED FOR.~UB~ EXH/B1TS: Expendituee Requi~ed: Not At This Time Amount Budgeted: * Election Proclamation * R-O0-O1 * 5ac. 4.05, 4.07 & 4.08 Charter IAppropriation Requi~ed: SUA/~R¥STATEMENT The 017 Council, each year, is required to: 1) Coil the general election by proclamation (~h acccordance with Section 4.05 of the ~'fy Charter) 2) 4) Adopt o resolution stating therein where the election shall be held, the offices to be filled, and questions to be decided Oh accordance with 5action 4.07 of the Charte~) Formally request the Supervisor of Elections to administer the Cit~/s election Affirm the Canvassing Board appointments (if applicable ia accot~da#ce w/th Sec'h'o# 4.08 of the Indian River County is conducting a presidential preference primary election this March, and will be providing the Canvassing Board. It is therefore unnecessary for me to appoint a Canvassing Board for the City of Sebastian. Z will be requesting payment to the Supervisor of Elections subsequent to the election, when T have received the invoice for Sebastian's share of the elections' costs. RECOMNLEHDAT/ON 1) 2) 3) Mayor Neuberger to call the March 14, 2000 election by reading proclamation. Council to adopt Resolution No. R-O0-O] Council to formally request the Supervisor of Elections for Indian River County to administer the March 14, 2000 municipal election. \wp-f o~rn \ transrn t t,wpd CITY OF SEBASTIAN ELECTION . PROC TION WHEREAS, Section 4.05 o~'the Charter of the City of Sebastian, Indian River County, Florida requires that ~11 elections shall be called by a proclamation of the Mayor; and ' ~i~IE~S, the current terms of two City Council members are scheduled to expire in March 2000; and WHEREAS, City Council haslplaced eighteen referendum questions on thc March 2000 ballot. , NOW, THEREFORE, I, ChuCk Neuberger, by virtue of the authority vested in me as Mayor of the City of Sebasti~m, Florida, do hereby proclaim that a general election of the City of Sebastian for the two City Counc!! offices and eighteen referendum questions will be held in ~e City of Sebastian on.the 14th day of March, 2000. IN WITNESS WHEREOF, I Ihave hereunto set my lulnd and affixed the seal of the City of Sebastian this 26th day of January, 2000. Ci tuck Neuberger, Mayor ATTEST: KathryffM. O I-Falloran, CMC/AAE~ City Clerk RESOLUTION NO. R-O0-O1 A RESOLUTION OF THE CITY OF SEBASTIAN, INDIAN RIVER COUNTY, FLORIDA DESIGNATING THE OFFICIAL POLLING PLACES FOR A GENERAL ELECTION TO BE HELD ON MARCH 14, 2000, FOR THE PURPOSE OF ELECTING TWO CITY COUNCIL MEMBERS FOR TERMS OF TWO (2) YEARS AND PLACING EIGHTEEN REFERENDUM QUESTIONS .:.ON THE BALLOT; PROVIDING FOR REPEAL OF RESOLUTIONS OR PARTS OF RESOLUTIONS IN CONFLICT HEREWITH; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the Mayor of the City of Sebastian has called, by proclamation, a General Election to be held within the City of Sebastian, Indian River County, Florida on Tuesday, March 14, 2000. WHEREAS, Section 4.07 of the Charter of the City of Sebastian, Florida, requires the City Council of the City of Sebastian to adopt a Resolution upon the calling of an election designating polling places, offices to be filled and questions to be decided; and WHEREAS, Section 2.03 of the Charter of the City of Sebastian, Florida, calls for the election of two (2) council members on the second Tuesday in March of each even-numbered year; and WHEREAS, the City Council adopted eighteen ordinances on November 3, 1999, placing eighteen charter amendment questions on the ballot. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF SEBASTIAN, INDIAN RIVER COUNTY, FLORIDA as follows: Section 1. C.ALLING OF THE ELECTION. An election will be held within the City limits of the City of Sebastian, Indian River County, Florida, on Tuesday, March 14, 2000. Section 2. POLLING PLACES. The four polling places for the City of Sebastian are as follows: i A. Precinct 12 ........ The Sebastian Community Center, 1805 North Central Avenue B. Precinct 14 ........ Highlands Chapel Church of God, 281 Delaware Avenue C. Precinct 15 ........ The North Indian River County Library, 1001 Fellsmere Road (CR 5~2) D. Precinct 16 ........ Sebastian Elks Lodge #2714, 731 South Fleming Street Section 3.- ELECTION OF OFFICEI will expire in March 2000, therefore, in accordanc~ Sebastian, Florida, a general election will be held to (2) years, commencing on March 20, 2000. Section 4. REFERENDUM. tS. The terms of two (2) Council members with Section 2.03 of the Charter of the City of :lect two (2) Council members for terms of tWO City Council, by adoption of Ordinance Nos. 18, 19, 20, 22, 23, 24, 25, 26, 27, 28, 29, 30, 31, 32, 33i 34, 35, and 36 on November 3, 1999 placed eighteen referendum questions on the March 14, 2000 ballot. Secti0n__~.~ Florida Law. [Section 6. hereby repealed. Section 7. its adoption. NOTICE. Notice of this ielection has been published in accordance with REPEAL. All Resolutionsi or parts of Resolutions in conflict herewith are EFFECTIVE DATE. This l t. esolution shall take effective immediately upon 2 The foregoing Resolution was moved for adoption by Councilmember The motion was seconded by Councilmember and, upon being put to a vote, the vote was as follows: Mayor Chuck Neuberger Councilmember Joe Barczyk Councilmember Walter Barnes Councilmember Ben Bishop Councilman Edward Majcher, Jr. The MayOr:thereupon declai'ed this Resolution duly passed and adopted this of ,2000. day CITY OF SEBASTIAN, FLORIDA ATTEST: Chuck Neuberger, Mayor Kathryn M. O'Halloran, cMc/AAE City Clerk Approved as to Form and Content for Reliance by the City of Sebastian Only: Rich Stringer City Attorney \wp-elect~resolut I .wpd 3 § 4.08 Sec. 4.05. Calling an election by resolution. All elections 'shall be called by proclamation of the mayor issued not less than thirty (30) days before such election and shall be conducted except as otherwise specifically provided, under the provisions of the general election laws of the state, when not inconsistent with the provisions of this Charter. Should the mayor fail or refuse to call any election in due time, the city council shall do so by resolution. Sec. 4.06. Reserved. Editor's note--Section 4.06, pertaining to ele~i_'on precincts and polling places and the right for the city to designate same, derived fromOrd. No. O-91-29, § !, adopted January 8, 1992. Ord. No. 0-93-04, § 3, adopted January 27, !1993, repealed this section in its entirety. Secj 4.07. Elections-How arranged; inspeet0rs and clerks. The city council, in" ~onjunction with the city clerk, shall make all necessary arrangements for holding all city elections and shall declare the results thereof. The city council shall adopt a resolution, upon the calling of an election, stating therein where the election shall be held,, and naming the different offices to be filled, or questions to be decided, and shall cause the notice of the election to be published in accordance with Florida law. (Ord. No. 0-91-29, § 1, 1-8-92; Ord. No. 0-93-04, § 4, 1-2%93) Sec. 4.08. Same :City canvassing board; canvass of election returns. (a) If the city is not holding its election as a part of the election for Indian River County~ Florida, the city clerk shall appoint a city canvassing board to be composed of three (3) individuals; one (1) member shall be the city clerk and the remaining two (2) members shall be appointed by the city clerk The city clerk shall act!as chairperson of the city canvassing board. (b) When a city canvassing board has been constituted, the city canvassing board shall meet at a place and time designated by the chairperson, as soon as practicable after the close of the polls of any municipal election involving the city, at which ~i_.m_..e, the city canvassing board shall proceed to publicly canvass the absentee electors' ballots and then publicly canvass the vote as shown by the returns then on file in the office of the supervisor of elections for Indian River County, Florida. The city canvassing board shall prepare and sign a certificate containing the total number of votes cast for each person or other measure voted on. The certificate shall be placed on file with the city clerk. (c) The city council shall hold a special meeting on the first Monday following the election for the purpose of receiving the certificate of the I county canvassing board of the returns for Indian River County, Florida, or the city canvass~? board, as the case may be. The city council shall then declare the results of the election and enter them in the minutes of the special meeting. Any oath of office required to be admini!tered to the newly elected council members shall be administered at such special city councill meeting or at the next city council meeting where the newly elected council members are in attendance. (Ord. No. 0-93-04, § 5, 1-27-93) Supp. No. 18 CHT:19 I i I I I I I I I I I I I I I I I I I Supervisor of Elections Indian River County, Florida January 11,2000 TO: FROM: RE: CITY CLERK8 OF INDIAN RIVER COUNTY KA~:CLEM, SUPERVISOR OF ELECTIONS ANY MUNICIPAL ELECTIONS TO BE HELD ON MARCH 14, 2000 We need a letter from each municipality letting us know whether or not you request us to administer a municipal election on March 14, 2000. If you choose to have this office administer your election, the cost will be $ .70 per registered voter in your city as of the book closing date which is February 14, 2000. Since there is a countywide Presidential Preference election being held at the same time, the county Canvassing Board will act as the Canvassing Board for the cities as well. The absentee ballots for military and overseas civilian voters for the March 14 election will be mailed on or about February 14, 2000. Each municipality must notify us as soon as possible, in writing, of its request for us to administer the election as well as notifying us in writing of its candidates and issues to be placed on the ballot. Please call me if there are any questions about this. 1840 25th Street, Suite N-109 · Veto Beach, FL 32960-3396 · (561) 567-8187. FAX (561) 770-5367 City of Sebastian, Florida 1225 Main Street [] Sebastian, Florida 32958 Telephone {561) 589-5330 [] Fax (561} 589-5570 MEMORANDUM To~ Kay O'Halloran, City Clerk Sally Maio, Deputy City Clerk From: Terrence Moore, City Manager Date: January 18, 2000 Subject: Presentation by Jason Milewski January 26th Cib/Council Meeting Please make arrangements to include under the presentation section of the January 26th City Council Meeting Agenda a brief introduction of Mr. Jason Milewski, the new Sebastian Municipal Airport Intern. Mr. Mileswki officially began his tenure as a temporary city employee earlier today. As such, I believe that it would be only fitting to introduce him publicly, as the airport currently enjoys a great deal of attention in the comrrlunity. .._...-~ TRM/ Cc~ Terry Hill, Director of Public Works Jason Milewski, Municipal Airport Intern My Documents/Milewski City of Sebastian 1225 MAIN STREET [] SEBASTIAN, FLORIDA 32958 TELEPHONE (561) 589-5330 [] FAX (561) 589-5570 ~... ,CONTRIBUTIONS FOR ARBOR DAY 2000 As Mayor of the City of Sebastian, and on behalf of the entire City Council, I would like to recognize the following businesses for their contribution to the City of Sebastian in ' the amount of $800 for the purchase of trees to be planted within City limits for Arbor Day 20~0. Ameron Homes ~ Krogel Produce ' Advance Custom Carpentry · Clark Water · Henry Fischer and Sons · Paramount Plumbing · Gator, Lumber · Keith s Carpentry Shady Springs Landscaping East Coast Trenching T and T Electric Compl,e_te Electric · Arnold s Air Conditioning · Capital Cabinets · Florida Floor Fashions The City of Sebastian greatly appreciates their demonstration of community spirit. I City of Sebastian, Florida Subject: Request to place small plaque of remembrance on city owned bench in Riverview Park. ~.~~~ ~ed for Submitt~ Agenda No. OZ.'-/ Department Origin: Growth Management Tracy E. Hass ,~/~ Date Submitted' January 19, 2000 For Agenda of: January 26, 2000 EXPENDITURE AMOUNT BUDGETED: REQUIRED: : ....... None None APPROPRIATION REQUIRED: None SUMMARY Mr. Dudley Woolley of Wabasso is requesting City Council approval to place a small bronze plaque on one of the sidewalk benches in remembrance of his late wife. The plaque would not exceed 6" x 8" and would be purchased and paid for by Mr. Woolley. Mr. Woolley is also willing to purchase an additional bench if the city so wishes. Otherwise he is requesting approval to place the plaque on one of the existing benches along the River between the Yacht Club and the South City limits. Mr. Woolley has been a long time resident of Sebastian and the surrounding area and at one time operated a commercial marina within the city limits. During their many years in Sebastian, Mrs. Woolley enjoyed spending much of her time relaxing along the river while taking in its scenic beauty. The plaque would be a fitting memorial/remembrance of someone who truly understood and appreciated the calming beauty of the Indian River Lagoon. Mr. Woolley will be present to give a brief presentation and answer any questions Council may have regarding the above request. RECOMMENDED ACTION Review the proposal and advise staff accordingly. SEBASTIAN CITY COUNCIL MINUTES REGULAR MEETING WEDNESDAY, JANUARY 12, 2000 - 7:00 P,M. CITY COUNCIL CHAMBERS 1225 MAIN STREET, SEBASTIAN, FLORIDA Mayor Neuberger. Falled the Regular Meeting to order at 7:00 p.m. The Pledge of Allegiance was recited. Invocation was g'wen by Police Chaplain Frank Camillo. ROLL CALL City Council Prese0t; Mayor Chuck Neuberger Mr. Joe Barczyk Mr. Walter Bames Mr. Ben A. Bishop Mr. Edward J. Majcher, Jr. Staff Present: City Manager, Terrence Moore City Attorney, Rich Stringer City Clerk, Kathryn O'Halloran Chief of Police, Randy White Public Works Director, Terry Hill City Engineer, Martha Campbell Finance Director, Mark Mason Deputy City Clerk, Sally Maio DRAFT Regular City Council Meeting January 12, 2000 Page Two DRAFT AGENDA MODIFICATIONS (ADDmON~_ANDIO_R DF, J. ETIONS) Items not on the wr#ten agenda may be added only upon a majority vote of City Council members (R-99-21) The City Manager requested that an Arbor Day PrOclamation be added to the agenda; and to include the need for an additional representative on the MPO Technical Committee under that agenda item. City Council concurred. , Mayor Neuberger asked that discussion of Cede Enfomement changes be added to the agenda. City Council concurred. Mr. Barczyk asked that New Business items E andK be moved to the consent agenda. City Council did not concur based on the fact that one is a resolution tO be read by title and one is a funding item. Mr. Barczyk asked that item L.1. Ordinance No. O;00-01 be moved to item A.1. City Council concurred. PRocLAMaTiOnS. ANNOUI~'CEME.~'[$ ANO~Q[~ PI~ESENTATIONS A. Presentation of Certificates of Appreciatio~to Former Committee Members 1. Virginia Gordon - Tree Advisory Bpard 2. Judy Robinson - Police Retirement Board of Trustees 3. Jerald Smith - Construction Board Mayor Neuberger read and presented a cerlificatel to Jerald Smith. Virginia Gordon and Judy Robinson were not in attendance. new B.1. Proclamation - Arbor Day. ~ddecl) The City Manager read the proclamation and noted that it will be formally presented at a ceremony on Arbor Day, January 21,2000. 00.002 B. Presentation of Millepp[u[p Community Certificate 00.003 Mayor Neuberger presented the Millennium Community certificate. C. G..ep~ Rauth - Rotary Club of Sebastian - proposed Improveme~ to CJ~y Owned Property Gene Rauth briefly reviewed the improvements cdmpleted along Indian River Drive by the Rotary Club; thanked local artist Lionel Ogilvie, Capital SanitatiOn, city staff, and Jimmy's Tree Service. He presented the artist's rendering and requested permission fo! the Rotary Club to put a boardwalk on this property. The City Manager requested authorization to pursUe grant funding for this project. It was the consensus of City Council that staff proceed. CITY A'I-I'0~NEY MATTERS · Noted the zoning change to riverfront lot ~,,idth has passed P & Z and will be on the next Council agenda. I · Reported that the City has received the recorded deed for the Good Guys property. Regular City Council Meeting January 12, 2000 Page Three DRAFT 10. 11. CITY MANAGER MATTERS Reported on an emergency repair completed on a collapsed culvert at Salem Street in the amount of $5,390 Reported that the City has received St. Johns River Water Management District funding for 146 acres of land adjacent to Collier Creek estates for stormwater improvements. Mayor Neuberger noted the closing would be March 10. CiTY CLERK MA'[r'TER.~ None. {;{:;)UNClI. MATTERS Mayor Neuberger Requested a staff update on the Pelican Island Garden Club gazebo project so that he can complete the electrical work Expressed concern for the way in which elevations are being done at Collier Creek Said the rear alleyway needs to be fixed Said he had received photos of Public Works projects being done on the golf course and airport B. Mr. Barczyk Noted problems with Falcon Cable TV and asked if another letter can be sent to them. The City Manager said improvements should begin in March C. Mr. Barnes Recommended placement of a fish cleaning table at Main Street boat ramp Expressed concern for oversize trailer parking at the Yacht Club and suggested signs be installed directing them to the Cavcorp property Asked when the Yacht Club boat ramp work would begin and the City Manager responded it would begin in February D, Mr~_l~ishop Requested an update on Randall Tedder licensing and the City Manager said they have complied with all City licenses. E. Mr, Majcher None. CONSENT AGENDA All items on the consent agenda are cons~fered rou~ne and wil be enacted by one motion. There will be no separate discussion of consent agenda item~ unless a member of City Council so request' in which event, the item will be removed and acted upon separately. A. Approval of Minutes - 12/15/99 Regular Meeting, 1/5/2000 Workshop cil Me ' Transmittal 12/15/99, Applicati n, R-9 -43 Excerpt The City Manager read the consent agenda. Mr. Barnes said the second page of his comments was missing from the January 5, 2000 minutes. He submitted this page to the City Clerk. MOTION by Barczyk/Bames : '1 move to apfxove ilems consent item A approval of the minutes of 12/15/99 regular meeting and 115/2000 workshop and B the OperatiOn Hope Freedom Christian Center application to use the Community Center .' ROLL CALL: Mayor Neuberge~ - aye Mr. Barczyk i - aye ' Mr. Barnes ! - aye Mr. Bishop - aye Mr. Majcher - aye MOTION CARRIED 5-0 12. PUBUC HEARIN(~ - None 13. INTRODUCTION qF NEW BUSINESS FROM TH~ 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 Fred Wininger, discussed problems he perceives at the Police Department. Bob Ashcroft, 785 George Street, Sebastian, discuSSed the need to get the Collier Creek Estates developer to extend Easy Street. Herbert Sturm, 549 Saunders Street, Sebastian, TAPE I - SIDE Ii (7:45 p.m.) , ' said the City s procedures resolution violates the constitution and responded to the City Manager s letter to him. Sal Neglia, 461 Georgia Boulevard, Sebastian, asked why a committee is being formed for the Riverview Park expansion at this time, how long the 75th Anniversary celebration will be going on, and where money will be coming from. Kay and Joseph DiStefano, 334 Orange Avenue, Sebastian, commended the City Manager for his professionalism. 4 Regular City Council Meeting January 12, 2000 Page Five DRAFT 14. COMMITTEE REPORTS/RECOMMENDATiONS 00.005/ A. 99.228 75th Anniversary Committee Al~poJntments (Clerk Transmittal 1/5/2000, Applications) 1. Formal Appointment of Five Council Selections - Term to Expire 12/31/2000 2. Appointment of Two At-Large Members - Term to Expire 12/31/2000 Mr. Barczyk noted all applications are now in. MOTION by Bishop/Neuberger 'I'd make a motion to appoint Raymond Coniglio to the committee as one of the two appointed members." Mr. Coniglio rescinded his application due to the fact that there are three at-large applicants, but -offered. th._.e, services of, the Chamber of Commerce. MOTION and SECOND were withdrawn. Mrs. Barczyk said she would like to withdraw her name so that Mr. Coniglio could stay on. The City Clerk noted there could be an alternate in accordance with the Code, and Mrs. Barczyk said she would be the alternate. Mr. Coniglio resubmitted his application. MOTION by Bishop/Neuberger Al would like to nominate Ray Coniglio as a voting member of the committee." ROLL CALL: Mr. Barczyk - aye Mr. Barnes - aye Mr. Bishop - aye Mr. Majcher - aye Mayor Neuberger - aye MOTION CARRIED 5-0 MOTION by Neuberger/Majcher '1 would like to nominate JoAnn Osmundson as the regular member and Jayne Barczyk as the alternate.' ROLL CALL: Mr. Barnes - aye Mr. Bishop - aye Mr. Majcher - aye Mayor Neuberger - aye Mr. Barczyk - aye MOTION CARRIED 5-0 Mr. Bishop suggested that Wayne Kroegel be considered an ex-officio member of the committee although he is not a resident. It was stated that the committee can appoint him and then send a letter to him. Regular City Council Meeting January 12, 2000 Page Six DRAFT MOTION by Majcher/Barnes q make a motion that five members at large formally appointed to the 75th Anniversary Committee, Louise Kautenberg (Bishop), Julianne Barrett (Majcher), Addna Davis (Barnes), Betsy Connelly (Neuberger) and Inez F~lding (Barczyk)." ROLL CALL: MOTION CARRIED 5-0 Mr. Bishop - aye Mr. Majcher - aye Mayor Neuberger! - aye Mr. Barczyk - aye Mr. Barnes - aye 00.006 I~oard of Adjustme~ · (ClqrkTr~nsmitta112/27/99, 2 Applicationsi Member Ust, Ad) 1. Intenaew and Appoint as Follows:: a. Regular Member with Un~pired Term to Expire 6/2001 Mr. Barczyk suggested there be some kindl of remembrance for Mr. DeV"rto. MOTION by Bishop/Majcher : "1 make a motion to appoint Louise Kautenberg to the regular member position vacated by Ronald DeVito with unexpired term to expire 6/2001 ." ROLL CALL: Mr. Majcher - aye Mayor Neubergeri - aye Mr. Barczyk ~ - aye Mr. Barnes ' - aye Mr. Bishop : - aye MOTION CARRIED 5-0 Planning and Zoning Commission (Memo, Clerk Transmittal 12/27/99, 2 Applications, Member List, Ad) 1. Formal Accegtance of Scott Mathi~,' Resignation 2. Inte~ew and Appoint as Follows: i a. Regular Member ~ Une~'xpirecl Term to Expire 11/2001 b. Regular Member ~ Unexpired Term to Expire 2/2002 There was no motion on Mathis' resignatioh. MOTION by Neuberger/Bishop '1 would like to make a motion to n~ove Mr. Mahoney from alternate to regular member and welcome back Kelly Mather who has sewed for many years on this commission as another regular member of the Planning and Zoning Commission. rd like to appoint Mr. Mather to fill the term expiring 11/2001 and Mr. Mahoney 2/2002 ~hree months difference." Regular City Council Meeting January 12, 2000 Page Seven ROLL CALL MOTION CARRIED 5-0 Mayor Neuberger - aye Mr. Barczyk - aye Mr. Barnes - aye Mr. Bishop - aye Mr. Majcher - aye DRAFT 15, ¸16. OLD BUSINESS - None Mayor Neuberger called recess at 8:20 p.m. and reconvened the meeting at 8:33 p.m. All members were present. NEV~ BUSINES~.~_ 00.008 ~ity CJ~J'.k performance Salary_ll3_~ease ((;j~ Manager Transm~a112/17'/~9~Human Resources Memo 17./17/99) Discussion took place on the process of arriving at a percentage and City Council was advised that staff recommendation was merely a starting point. MOTION by Bishop/Barnes '1 would move to approve the performance salary increase for the City Clerk, Kay O'Halloran of 6%." ROLL CALL: Mr. Barczyk - aye Mr. Barnes - aye Mr. Bishop - aye Mr. Majcher - aye Mayor Neuberger - aye MOTION CARRIED 5-0 00.019/ 96.131 A. 1 .(L.) First Reading of Ordinance NOLO-00-01 -Travel PoJ[cy- Schedule 2nd Reading and Publj(; Hearing for 2./9/00 (Finance Director Tra_nsmj[~l. O-_00-01,) AN ORDINANCE OF THE crrY OF SEBASTIAN, iNDIAN RIVER COUNTY, FLORIDA, AMENDING CODE OF ORDINANCES CHAPTER 2 TO ESTABLISH A CITY-WIDE TRAVEL POLICY; PROVIDING FOR CONFLICTS; PROVIDING FOR SEVERABILI'I'Y; PROVIDING FOR AN EFFECTIVE DATE. The City Attorney read Ordinance No. O-00-01 by title, and an effective date of April 1,2000. The Finance Director responded to questions relative to the proposed expense allowance which would require accountability. He noted that the word "working" should be inserted before "five". TAPE II - SIDE I (8:43 p.m.) The City Attorney suggested that language be included that travel to committee meetings for which individual councilmembers have been assigned is deemed authorization. 7 Regular City Council Meeting January 12, 2000 Page Eight DRAFT MOTION by Barnes/Bishop '1'11 move to approve Ordinance O-00-01 amending the Code of Ordinances Chapter 2 establishing a city-wide travel policy on first reading and set public hearing for February 9, 2000 with amendment.' 00.009/ 99.209 ROLL CALL: Mr. Barnes -aye Mr. Bishop -aye Mr. M~cher -aye Mayor Neuberger -aye Mr. Barczyk -aye MOTION CARRIED 5-0 A.2. -Code Enforcement Issues ~dd~d) Mayor Neuberger objected to recent suggestions made by the City Manager relative to a proposal to move Code Enforcement to the Police Department. Mayor Barnes concurred with moving it to tl~e Police Department. He said it is not the prerogative of City Council to tell the City Manager how~o run the city and said he would prefer to hear what the City Manager proposes. : The City Attorney said City Council could make its wishes known but could not tell him how to organize city divisions. Mr. Bishop agreed with hearing the proposal. ~,uthorizp (;:ity Manager to Arpend Existing Vehk:le PJ~r_chase Agreement with Duval Ford, Ipc. ~y.A~ding Additiona[$3510 for Six Equipment C_o. jlsg~e~ (police Dept, Transmittal 1.~./~1/99. Duval Quote) Chief White gave a bdef presentation. MOTION by Neuberger/Barczyk = "I'd like to authorize the City Manager to amend the existing vehicle purchase agreement with Duval Ford, Inc. by adding an additional $3,510 for the purchase and installation of the equipment consoles for each of the six newI patrol cars already on order." ROLL CALL: MOTION CARRIED 5-0 Mr. Bishop -aye Mr. M~cher -aye Mayor Neuberger -aye Mr. Barczyk - aye Mr. Barnes -aye Regular City Council Meeting January 12, 2000 Page Nine DRAFT 00.010 C. Authorize City Manager and Police Chief to F~ute CommissiorL.f0r Flodda Law El~f0[~;ement Accredita~¢n Agreeme. Bf~ {Pqlic~ Chief Transmittal. Commi.~,sion Letter. Ag['eement) The Chief of Police briefly addressed City Council. Herbert Sturm addressed City Council. MOTION by Majcher/Bames '1 make a motion to authorize the City Manager and Chief of Police to sign and enter into the Commission for Florida Law Enforcement Accreditation's Accreditation Agreement on behalf of the City of Sebastian and the Sebastian Police Department." ROLL CALL: Mr. Majcher - aye Mayor Neuberger * aye - .- · Mr. Barczyk - aye Mr. Barnes - aye Mr. Bishop - aye MOTION CARRIED 5-0 00.011 D. Authorize City Manager to Execut@ Interloc_al/~greement wEh Indian River County to Construct Taft Street in an Amount Not to Exceed ~;18,000_ [Engineering Transmittal 12r27/99.A.greement) The Public Works Director briefly addressed City Council on Indian River County's plan for paving streets on the south side of CR 512 in this area. MOTION by Bishop/Barczyk "1 move to authorize the City Manager to execute the Interlocal Agreement with Indian River County to construct Taft Street for the amount not to exceed $18,000." ROLL CALL: Mayor Neuberger - aye Mr. Barczyk - aye Mr. Barnes - aye Mr. Bishop - aye Mr. Majcher - aye MOTION CARRIED 5-0 00.012/ E. 99.237 Authorize City Manager to Execute DCA Di~a. ste[ [Relief Funding~AgJ'eement for FEMA Reimbursement for Hurricane Irene (City Manager Transmittal. 1~-99_-57, DCA Letter. Agreement) The Finance Director said he would not know the amount of the city's 12.5% match until FEMA determines what it will fund. TAPE ii - SIDE Ii (9:30 p.m.) Herbert Sturm, 549 Saunders Street, Sebastian, addressed Council. Regular City Council Meeting D~IJ A ~,,,r January 12, 2000 Page Ten MOTION. by Bishop/Majcher I move to author~e the City Manager to execute the State of Flodda Department of Community Affairs Disaster Relief Funding Agreement in accordance with Council authorization pursuant to Resolution R-99-57." ROLL CALL: Mr. Barczyk - aye Mr. Barnes i - aye Mr. Bishop - aye Mr. Majcher i ~ aye Mayor Neuberger i - aye MOTION CARRIED 5-0 00.01.3/ F. AI;)pro. y~ Purchase of Two ~ar~ I Telescope~s from Sea Coast Manufacturing. Inc. in [he gg.234 -Amount of $6691.09 ~°ublic YV0rks Transm~al 1/5/2000) MOTION by Majcher/Barczyk '1 make a motion to move and appr_~ve the pu,rchase of two Mark I telescopes from Sea Coast Manufacturing, Inc. in the amount of $6,691.09. . ROLL CALL: Mayor Neuberger - aye Mr. Barczyk ; - aye Mr. Barnes - aye Mr. Bishop i - aye Mr. Majcher MOTION CARRIED 5-0 i ' 00.014 G. A@prove Purchase o.[ dohn Deere 80 Excav{l[qr from Nortrax Equipment Company in the AmOunt of $104,621 (Public Wol:k~.'l'ransm~ai) The Public Works Director briefly addressed City Council on the need for the equipment and the slight increase in price. MOTION by Barczyk/Bames '1 move to approve the purch,ase of the John Deere 80 Excavator from Nortrax Equipment Company in the amount of $104,621. ROLL CALL: Mr. Bishop - aye Mr. Majcher - aye Mayor Neuberger - aye Mr. Barczyk - aye Mr. Barnes - aye MOTION CARRIED 5-0 Regular City Council Meeting January 12, :2000 Page Eleven DRAFT 00.015 H. O0.016 I. 00.017/ J. 99.238 Request Indian_River_ gounty to Add One Additional Sebastian Voting Member to Metropolitan Planning. Organizetiql3 (MPO) (City Manage[TransmittaL 12./28/99) Request to add one additional member to the Technical Advisory Committee and one additional member to the Citizen Advisory Committee was added to this item. MOTION by Majcher/Barnes '1 move to request Indian River County to add one additional voting member to the Indian River County Metropolitan Planning Organization (MPO) for the City of Sebastian's representation and amended (1 additional each for Technical Advisory Committee and Citizens Advisory)." ROLL CALL: Mr. Majcher - aye Mayor Neuberger - aye ....- Mr. Barczyk - aye Mr. Barnes ~ aye Mr. Bishop - aye MOTION CARRIED 5-0 ReseJution I~o~ R-00-02 - Rivewiew Park ExJ)ansion CQmmittee (City Manager Transmittal. B-g_O-Q~) A RESOLUTION OF THE CITY OF SEBASTIAN, INDIAN RIVER COUNTY, FLORIDA, CREATING A RIVERVIEW PARK EXPANSION COMM[TI'EE; PROVIDING FOR REPEAL OF RESOLUTIONS OR PARTS OF RESOLUTIONS IN CONFLICT HEREWITH; AND PROVIDING FOR AN EFFECTIVE DATE. The City Attorney read Resolution No. R-00-02 by title. Discussion took place on whether this was an appropriate task for the Recreation Advisory Board or whether a separate committee should oversee it, what progress is being made on Filbert Street, requesting the Treasure Coast Regional Planning Council to assist in reviewing plans, the possibility of Recreation establishing an ad-hoc committee, and the possibility of a contest for local children. The City Manager said staffwill be bringing back recommendations on seeking grants. MOTION by Barnes/Majcher 'I'd be more than willing to, I don't know if we need a resolution, what we need to have staff continue utilizing the Planning organization, and I wouldn't see any real great problem in at least having someone from staff approach the Recreation Commission and ask them if they are interested and feel they can add to it ." VOICE VOTE on the mOtion carried 5-0. Resol~on No. R-00-04 - Ot~e Way .Designations (Engineering Transmittal, R-00-04. Drawings, Petition) A RESOLUTION OF THE CITY OF SEBASTIAN, INDIAN RIVER COUNTY, FLORIDA, AUTHORIZING A ONE-WAY DESIGNATION OF A PORTION OF SHAKESPEARE STREET, LIGHTHOUSE AVENUE AND A PORTION OF OCEAN BREEZE STREET; PROVIDING FOR REPEAL OF RESOLUTIONS OR PARTS OF RESOLUTIONS IN CONFLICT HEREWITH; PROVIDING FOR SEVERABILITY; AND PROVIDING FOR AN EFFECTIVE DATE. ]! Regular City Council Meeting January 12, 2000 Page Twelve DRAFT 00.018/ K. 99.201 00.020 M. The City Attomey read Resolution No. R-00-04 by title. MOTION by Barnes/Barczyk ~1 move to approve Resolution R-00-04. ' ROLL CALL: Mr. Barczyk Mr. Barnes Mr. Bishop Mr. Majcher Mayor Neuberger - aye - aye - aye - aye - nay MOTION CARRIED 4-1 (Neuberger- nay) - E{e~oluti91rl No. R-OO-05 - Authorizit3g the CitY Manager to Apply fgr &crub Jay Take Permit (City Manager'Transmittal. R-0~-05) A RESOLUTION OF THE CITY OF SEBASTIAN, INDIAN RIVER COUNTY, FLORIDA, AUTHORIZING CITY MANAGER TO APPLY FOR SEBASTIAN AREA.WIDE FLORIDA SCRUB-JAY INCIDENTAL TAKE PERMIT; PROVIDING FOR CONFLICT; PROVIDING FOR EFFECTIVE DATE. The City Attorney read Resolution No. R-00-05 by title. MOTION by Majcher/Bames "1 make a motion to move to approve Resolution R-00-05 authorizing the City Manager to apply for Sebastian area-wide Florida Scrub-jay incidental take permit for removing restrictions on the scrub-jay lots in the Sebastian HighlandS." ROLL CALL: Mr. Barnes : - aye Mr. Bishop ~ - aye Mr. Majcher - aye Mayor Neuberger - aye Mr. Barczyk - aye MOTION CARRIED 5-0 First Reading of Ordinance No. 0-00-02 - Ea_cilj~e.~ at, Q.onstruction sites - Schedule 2nd Readir]g and Publi(;; Hearing for 2/9/00 (City Mal!age~' Transmittal, AN ORDINANCE OF THE CITY OF SEBASTIAN, iNDIAN RIVER COUNTY, FLORIDA, AMENDING CODE OF ORDINANCES CHAPTER 26 TO REGULATE FACiLiTIES AT CONSTRUCTION SITE; PROVIDING FOR CONFLICTS; PROVIDING FOR SEVERABILITY; PROVIDING FOR AN EFFECTIVE DATE. The City Attorney read Ordinance No. 0-00-02 by title and explained its provisions. Concerns were expressed relative to Iocatibn of the portable facilities. MOTION by Barnes/Barczyk ~ 'rll make a move to approve proposed Ordinance O-00-02 on first reading and schedule public headng and final adoption for February 9, 2000." 12 Regular City Council Meeting January 12, 2000 Page Thirteen DRAFT 17. ROLL CALL: Mr. Bishop - aye Mr. Majcher - aye Mayor Neuberger - aye Mr. Barczyk - aye Mr. Barnes - aye MOTION CARRIED 5-0 Being no further business, Mayor Neuberger adjourned the Regular Meeting at 10:25 p.m. Approved at the ,1999, Regular City Council Meeting. Kathryn M. O'Halloran, CMC/AAE City Clerk Chuck Neuberger Mayor ]3 City of Sebastian 1225 MAIN STREET g SEBASTIAN, FLORIDA 32958 TELEPHONE (561) 589-5330 ~ FAX (561) 589-5570 Thru: From: Date: Re: Honorable Mayor and Councilm/xnber~/~ T errence R~: Moqre, City Mana~ Mark C. Mason, Director of Finance January 20, 2000 Consent Agenda- Council Agenda for 1/26/00 - Retroactive Increase for City Clerk During the City Council Meeting of January 12, 2000, a recommendation was made to raise the City Clerk's salary by 6%, however, an effective date of the pay raise was not provided. In the absence of this direction the pay raise would be effective on the date of adoption. It has been the custom in the past to provide for a retroactive increase to the date of employment in the position for the City Clerk when the proposed and adopted pay increase is made following the date of evaluation. Since the City Clerk does not have a contract with the City as the other Charter Officers do, whereby pay increases are established by date, it is necessary to explicitly state that the pay raise is retroactive to a particular date. In this way, there is no confusion as to when the pay raise is effective or how the payment of salaries increases are made. We, therefore, ask the City Council for their consensus of intent to provide a retroactive date of December 8, 1999, for the pay raise of 6% for the City Clerk approved on January 12, 2000. City of Sebast. ian. Florida Subject: Code Enforcement Operational Enhancement A~~anager,~ Terence R. M6-6i'e ' ~ Agenda No. /~). ~)0 / Department Origin: City Manager Date Submitted: 01/19/2000 For Agenda of: 01/26/2000 Exhibits: Council Memorandum dated january 19, 2000 to Honorable Mayor and City EXPENDITURE REQUIRED: N/A AMOUNT BUDGETED: N/A APPROPRIATION REQUIRED: N/A SUMMARY As addressed in the attached memorandum dated, January 19, 2000 addressed to the Honorable Mayor and City Council, it is the desire ofstaffto present an arrangement that will entail developing a direct partnership between the existing code enforcement office and the police department and also to initiate a more concrete citation process. RECOMMENDED ACTION As presented by Members of the Sebastian Management Team. I City of Sebastian, Florida i 1225 Main Street [] ~ebastian, Florida 32958 Telephone {561) 589-5330 [] Fax {561} 589-5570 I To: From: Date: Subject: MEMORANDUM Honorable Mayor and City Council (Via the January 26, 2000 Meeting/~ Terrence Moore, City Manager Janu..ary ~9, 2000 -. Code Enforcement Operational En genda Packet) hancement As discussed during the January 5th special workshop meeting, various scenarios have been reviewed and examined by members of the City of Sebastian Management Team as to how code enforcement can best be administered in Sebastian, Florida. Since then, numerous meetings transpired with police, human resources, growth management, finance and code enforcement staff, TMtO discuss various options relative to establishing the most effective process. After deliberations, it was concluded (and now formally presented) that the best arrangement will !entail developing a direct partnership between the existing code enforcement office andlthe police department. In addition, a proposal to initiate a more concrete citation process becomes necessary; to specifically be able to provide code enforcement in the community seven (7) days a week. Via this transition, both code enforcement officers Kathy Brauer and Tim Zelinski will maintain their current office location in the building/growth management department area, whereby they will continue a strong working relationship with both departments respectively. However, daily activity reports and other statistical information will be reported to Lieutenant Chanse Reardin, who willi be the police department executive responsible for managing the process, along With coordinating a citation delivery procedure which Chief Randy White briefly discussed during the aforementioned workshop meeting. Generally speaking, this arra~tgement will be modeled after that of most communities in both Florida and throughout the United States; an overall direct relationship with multiple departments, police foir better accountability, performance measurement (i.e. monthly and annual statistical !reporting) as well as an opportunity for citizens to telephone relevant complaints via the existing dispatch system, 7 days a week. In concert with the above referenced managerial restructuring, a revised citation process will enhance the ability of easily issuing notices as violations arise throughout (Sebastian. In add tion, Standard Operating Procedures (SOP) will govern this practice, whereby specific timeframes and other logistics will become uniform, and not arbitrary Code Enforcement Operational Enhancement January 19, 2000 Page 2 as the current process allows. A proposed citation procedure will also be introduced during the January 26t~ meeting. Since the January 5t~ meeting, few have speculated that code enforcement revisions was another attack and/or opportunity to "politicize" municipal operations. It was even suggested that this was perhaps an attempt to create employment opportunities for outside parties. I am here to report that nothing of this sort is the case. As discussed during last summer's budget process and as eluded by numerous citizens, much work is required to make the City of Sebastian the best-administered local government possible. As such, the Management Team has been directed to constantly examine operational practices so as to propose and/or make adjustments to promote efficiency, productivity and overall good government. This proposed arrangement, in my opinion, is indicative of what we promised to do last summer; consistently take initiative to enhance municipa.! 0Pe. r. ations for the benefit of the community as a whole. In addition, no adverse action whatsoever is being endorsed to any employee of the City of Sebastian; what is being promoted is simply a process whereby all departments can develop strong future relationships without regard to problems and/or concerns which allegedly occurred prior to this administration. Additional elaboration will transpire relative to this matter via our discussions and conclusive deliberations during the January 26t~ meeting. In addition to myself, Police Chief Randy White, Director Human Resources Rich Samolewicz, Growth Management Director Tracy Hass and Director of Finance Mark Mason will address you and attendees of the meeting relative to how and why the aforementioned arrangement(s) make sense, as well as to assure everyone concerned that this process is being devised to benefit the entire community and the City of Sebastian family. Afterwards, we will/~ll be available~;~ddress specific questions as they may arise accordingly. TRM/ Cc~ Tracy Hass, Director of Growth Management Mark Mason, Director of Finance Rich Samolewicz, Director of Human Resources Rich Stringer, City Attorney D. Randy White, Police Chief Chanse Reardin, Police Lieutenant Kathy Brauer, Code Enforcement Tim Zelinski, Code Enforcement My Documents/Code Enforcement Operational Enhancement i I City of Sebastian, Florida Subject: Change Order-Summerlin - Main Street Pier Approved for Submit~tal by: Agenda No. ~). ~ ~" Department Origin: Public Works Originator: ~ Dept. Head: t- -- Finance: r~~ Procurement: ~ Date Submitted: 1/10/00 Exhibits: EXPENDITURE REQUIRED: $13,000 For Agenda of: 1/26/00 REMAINING BUDGET: $37,167 APPROPRIATION REQUIRED: $-0- SUMMARY Summerlin Seven Seas has requested a change order in the amount of $13,000 to replace the finger piers and install new lighting on the Main Street Pier in addition to the main pier replacement as was awarded by City Council. Staff recommends approval of this change order. APPROVAL Move to approve Change Order #2 to Summerlin Seven Seas in the amount of $13,000. City of Sebastian, Florida Subject: Bid Award- Annual Materials Contract $k~pprovet~ for Submjlt~by: Agenda No. ~0- 0~..~ Department Origin: Public Works Dept. Head: Finance: Procurement: l'~ Date Submitted: 1/07/00 Exhibits: Bid EXPENDITURE REQUIRED: For Agenda of: 1/26/00 Tabulation Sheet AMOUNT BUDGETED: APPROPRIATION REQUIRED: $-0- SUMMARY The City solicited sealed bids for annual Materials Contract and the following are the results. Fischer and Sons was the low bidder for sand and Blackhawk Quarry was the low bidder for all other items. Staffwould like to have these bids awarded as follows: Sand General Fill Road Stabilization Coquina Shell Base Fischer and Sons Blackhawk Quarry Blackhawk Quarry Blackhawk Quarry $3.74 CY $2.99 CY $3.25 CY $6.75 Ton These items are purchased on an as needed basis so there is no set expenditure amount. The amount budgeted cannot be shown since these items are charged to more than one line item APPROVAL Move to award Fischer and Sons the annual materials contract for sand and Blackhawk Quarry the contract for General Fill, Road Stabilization and Coquina Shell based on the above prices per Cubic yard and tons. 99-14 ANNUAL MATERIALS BED OPENING JANUARY 6, 2000 2:00 P.M. BED TABULATION SItEET ,, . Henry Fischer & Sons, Inc. 10729 U.S. ltighway #1 Sebastian, FL 32958 561-589-3159 #1 Coquina Base $7.00 #2 General Fill $3.14 #3 Road Stabilization $3.70 /t4 Sand $3.74 Black Hawk Quarry Company of Florida 1400 Willowbrook Street Palm Bay, FL 32909 407-725-2400 #1 Coquina Base #2 General Fill #3 Road Stabilization g4 Sand Fax # 561-589-7731 Per T~n Per CUbic Yard Per C~abic Yard Per C'~ abic Yard Fax # 407-723-2612 $6.75 Per Tqn $2.99 Per CUbic Yard $3.25 Per Ctlbic Yard No Bid ~ I City of Sebastian, Florida Subject: Change Order-Periwinkle Bridge Repairs-C.E.M. Enterprises PkP r °/ve dj[o r S u b m. !tt~j/] Agenda No. tOO, ~ ~-7 Department Origin: Public Works Originator:")3~ ~ ~(-/~~~.~/~./ Dept. Head: i'~~ Finance: Procurement: Date Submitted: 1/10/00 For Agenda of: Exhibits: Price Proposal and Letter from Distributor EXPENDITURE AMOUNT REMAINING REQUIRED: $12,725 $ 0 1/26/00 APPROPRIATION REQUIRED: $20,000 SUMMARY C.E.M. Enterprises has submitted a request for a change order in the amount of $12,725 to cover the cost of additional rip rap bags which were required due to the damage caused by both Hurricane Irene and Hurricane Floyd. The remaining budget appropriated will be used toward inspection fees and contingency. It is our recommendation that this change order be approved. The change order will increase the total purchase order for all four bridges to $258,381. RECOMMENDATION Move to approve Change Order #1 to C.E.M. Enterprises in the amount of $12,725 and a budget appropriation of $20,000. C,E.M. Enlerprises, inc. elba .'.l ~ ,! liN'r: F;AIN'rI~':~ December 10, 1999 City of Sebastian 1225 Main Street Sebastian, Florida 32958 Attn: Scott Derrick Re: Periwinkle Bridge Repairs Mr. Derrick, In reference to the additional rip rap work on the above bridge, the cost is $12,725,00. This includes the additional rip rap as well aS 57 stone that was used. Please provide the proper paperwork for this change, i If you have any questions, please feel fre~ to give me a call at 407-884-9148. Bill Morris Vice-President BM:aF I I I I I I I I I I I I I I I I I I i City of Sebastian, Florida Subject: Acquisition of Scrub Habitat in Sebastian City Limits: r Sub~anager ag nd. No. D O. 0/t Department Origin: City Manager Date Submitted: 01/~ 1/9.000 For Agenda of: 01/9~/2000 Exhibits: 1. Letter dated January 5, 2000 from Roland Deblois, AICP 2. Map Depicting "Wabasso Scrub Addition" EXPENDITURE REQUIRED: -: .. AMOUNT BUDGETED: APPROPRIATION REQUIRED: SUMMARY Indian River County has been successful in acquiring a number of tracts of scrub land, which are the key components of the Sebastian Area-Wide Scrub~Jay Habitat Conservation Plan recently endorsed by the Sebastian City Council. One tract of scrub that the County is interested in acquiring is the southern 5 acres of the Park Place Mobile Home Park (referred to as "Wabasso Scrub Addition" which is contiguous to the County's Wabasso Scrub Conservation area. If this property is acquired it would be managed as part of the Conservation Plan. The County was recently awarded a 50% cost-share grant from the Florida Communities Trust to purchase the property. However, since the land is located within the City limits, the FCT requires that the City Council consider approval of the Conceptual Approval Agreement. If the property were acquired, Indian River County would obtain 100% title interest in the property and would be managed similar to the North Sebastian Conservation Area, which was purchased with FCT cost-share funds. RECOMMENDED ACTION Move to authorize the City Manager to enter into a Conceptual Approval Agreement between the Flor/da Communities Trust (FCT) and Indian River County and the City of Sebastian for the acquisition of the southern 5 acres of Park Place Mobile Home Park, which is contiguous to the County's Wabasso Scrub Conservation area. BOARD OF COUNTY COMMISSIONERS 1840 25th Street, Vero BeaCh, Florida 32960 Telephon~: (561) 567-8000 January 5, 2000 Terrence Moore, Manager City of Sebastian 1225 Main Street Sebastian, FL 32958 Re: Dear Mr. Moore: Request for City Council Approval of Con~ty/State Acquisition of Scrub Habitat in Sebastian City Limits: "Wabasso Scrub Addition" (~outhern ~5 Acres of Park Place) · I request that the City Council approve the enclosed County/State cost-share agreement documents, relating to County purchase of scrub !and. (for conservation purposes) at the soutll, end of Park Place, located within city limits. As you know, one of the objectives of the County's env lands program is to acquire xeric scrub habitat from private landowners willing to sell their property for conservafitn purposes, indian River County has been successful in acquiring a number of tracts of scrub land. which are key components of the Sebastian Area-Wide Scrub-Jay Habitat Conservation Plan recently endorsed by the City Council. ' One Ixact of scrub that the County is still interested in acquiring is the southern -5 acres of the Park Place mobile home community (see enclosed map). That land (referred to as the"Wabasso Scrub Addition") is contiguous to the County's Wabasso Scrub Conservation Area, and if acquired, would be managed as part of the Conservation Area. Recently, the County was awarded a 50% cost-share grant ffomithe Florida Communities Trust (FCT) to purchase the property. However, since the property is located within city limits, the FCT requ/res that the City Council must approve the grant agreement before the project can move forward. As such, I request that the City Council consider approval of the enclosed Conceptual Approval Agreement (already approved by the Board of County Commissioners). Under the agreement, Indian River County would obtain 100% title interest in the property, and would be the manager of the property (similar to the North Sebastian Conservation Area, which was also purchased with FCT cost-share funds). Also enclosed is a "Confidentiality Agreement" whereby, in aectrdance with state and county procedures, anyone privy to appraisal information must keep the information confidential for negotiation purposes. Under the procedures, appraisals can be released from confidentiality restrictions once alpurchase option is executed by the seller. The purchase will be negotiated by the County's acquisition consultant, Charles Hardee of FloridAffmity, Inc., in coordination with county staff. Therefore, it is not necessary for city staff or Council members to be listed on the Confidentiality Agreement. Notwithstanding, anyone added to the Agreement list must be aware of and adhere to the confidentiality requirements. Thank you for your assistance. If you have any questions, please let me know (567-8000, ext. 1258). Roland M. DeBlois, AICP Chief, Environmental Planning Attachments: Map of Property, Summary, of Conceptual Approval Agreement. Conceptual Approval Agreement, & Confidenfiali~ Agreement cc: Robert Keatmg W: USERS',ROLAND~,LAAC WABSCRUB*,ADD_CITY.WPD I i I EXHIBIT Subject property: south 5 acres of tax parcel 29-31-39-00000-1000-00002.1 Owner: Primary Park Place Assoc. LTD 1840 49'h Street, Suite 700 Hialeah, FL 33012 I i _ /~ ~ Department Origin: City Manager /~{p~m, ed/fl:/r Submitt~l~y~~nager For Agenda off 01/26/2000 I Exhibits: EXPENDITURE REQUIRED: Education: $345.00 Travel/Pier Dien~i A~pi~i'ox. $850.00 AMOUNT BUD GETED: Education: $2,020 Travel/Per Diem: 3,151.65 APPROPRIATION REQUIRED: Education: $345.00 Travel/Pier Diem: Approx. $850.00 SUMMARY This year the National League of Cities is sponsoring the first Congressional City Conference of the new millennium. The National League of Cities Annual Congressional City Conference is scheduled to be held in Washington, DC beginning on March 10-14 2000. Just a few key issues to be discussed will be on community and economic development, telecommunications, growing infi'astrucmre and discussions on what changes lie ahead for municipalities. RECOMMENDED ACTION Move to approve the City Manager to attend the National League of Cities Congressional City Conference 2000, scheduled to be held in Washington, DC on March l0th - 13th. (to return on Monday, March 13th). I City of Sebastian, Florida Subject: Final Plat for Collier Club, Phase lB Agenda No. ~0.02~q Approved for Submittal by: Terrence Moore, City Manager Department Origin: Martha.S. Campbell, P.E.. City. Engineer Traey Hass, Growth Mgmt Date Snbmitted: 1/19/00 For Agenda of: 1/26/00 Exhibits: Resolution and Final Plat EXPENDITURE AMOUNT BUDGETED: APPROPRIATION REQUIRED: N/A N/A REQUIRED: N/A SUMMARY Collier Club is a Planned Unit Development (PUD) located east of Roseland Road, south of the Sebastian Airport, West of the Golf Course and North of Main Street. The development will consist of 455 single family homes and will be developed in four phases. Phase lA was platted in January 1999 approving 56 lots. This plat, Phase lB, is for 54 single family lots and recreational tracts. With the approval of Phase lB, all lots will be recorded between Roseland Road and Collier Creek. The developer, On-Site Management Group, Inc., has constructed all of the improvements including, roads, stormwater facilities, and water and sewer utilities. Their engineer has certified that all of the improvements are complete as per the approved construction plans. The plat map has been reviewed by the city staff and has been reviewed by an independent surveyor. Collier Club, Phase lB meets with all of the state and local requirements and is ready for recording. Adopt Resolution R-00-06. RECOMMENDED ACTION I RESOLUTION NO. R-00~06 i A RESOLUTION OF THE CITY oF SEBASTIAN, INDIAN RIVER I COUNTY, FLORIDA, APPROVING TIlE FINAL PLAT FOR A SUBDIVISION KNOWN AS COLLIER CLUB PHASE I(B); PROVIDING FOR CONFLICTS H~REWITH; PROVIDING FOR I EFFECTIVE DATE. WHEREAS, On-Site Management Group his filed an application for approval of a final I plat for a subdivision known as Collier Club Phase I!B); I NOW THEREFORE, BE IT, RESOLVED BY THE COUNCIL OF THE CITY i OF SEBASTIAN, as follows: 1 Section 1. FINAL PLAT APPROVAL~ The City Council of the City of I Sebastian does hereby approve the final plat for Collier Club Phase I(B) bearing a final revision date of January 13, 2000. Section 2. CONFLICT. All resolutionsl or parts of resolutions in conflict I herewith are hereby repealed. . Section 3. EFFECTIVE DATE. This re!olution shall take effect immediately I upon its adoption. I The foregoing Resolution was moved for ad!ption by Councilmember I 1 The motion was seconded by Councilmember and, upon being put into a I vote, the vote was as follows: Mayor Chuck Neuberger I Councilmember Joe Barczyk Councilmember Walter Barnes ] i Councilmember Ben A. Bishop Councilmember Edward J. Majcher, Jr. & , i City of Sebastian~ Florida Subject: Resolution No. R-00-07 u nager Agenda No. ~. Department Origin: City Manager Date Subxnitted: 01/21/2000 For Agenda of.' 01/26/2000 Exhibits: Resolution No. R-00-07 EXPENDITURE REQUIRED: AMOUNT BUDGETED: APPROPRIATION REQUIRED: SUMMARY The proposed Resolution No. R-00-07 authorizes the City Manager to apply for a Highway Beautification Grant fi.om the Florida Department of Transportation, which will allow the city to improve and beautify various right-of-ways within the City, RECOMMENDED ACTION Move to approve Resolution No. R-00-07 authorizing the City Manager to apply for Highway Beautification Grant from the Florida Department of Transportation. RESOLUTION NO. R-00-07 A RESOLUTION OF THE CITY OF SEBASTIAN, INDIAN RIVER COUNTY, FLORIDA, AUTHORIZING CITY MANAGER TO APPLY FOR A HIGHWAY BEAUTIFICATION GRANT FROM THE FLORIDA DEPARTMENT OF TRANSPORTATION; PROVIDING FOR CONFLICT; PROVIDING FOR EFFECTIVE DATE. WHEREAS, many roadside areas and median strips abutting Department of Transportation rights-of-way areas must be maintained and attractively landscaped; and WHEREAS, the Mayor and City CounCil desire that the City of Sebastian beautify and improve various rights-of-way areas within gebastian, Florida; and WHEREAS, the Mayor and City Coundil of the City of Sebastian wish to authorize the City Manager to apply for a Highway Beautification Grant from the Florida Department of Transportation. NOW THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF SEBASTIAN, as follows: Section 1. AUTHORIZATION. The Mayor and City Council of the City of Sebastian hereby authorize the City Manager to apply for a Highway Beautification Grant from the State of Florida Department of Transportation. Section 2. The City Manager's Office of the City of Sebastian is hereby directed to send copies of this Resolution to the other persons as directed by the Mayor and City Department of Transportation and all Council. I i I I I I I I I i i I I I i I I I I Section 3. CONFLICTS. conflict herewith are hereby repealed. Section 4. EFFECTIVE DATE. immediately upon its adoption. A motion to adopt the foregoing Resolution was made by Councilmember ...... . The motion was seconded by Councilmember and, upon being put to a vote, the vote was as follows: All resolutions or parts of resolutions in This resolution shall take effect Mayor Chuck Neuberger Councilmember Joe Barczyk Councilmember Walter Barnes Councilmember Ben A. Bishop Councilmember Edward J. Majcher, Jr. The Mayor thereupon declared this Resolution duly passed and adopted this 26th day of January, 2000. CITY OF SEBASTIAN, FLORIDA ATTEST: By: Chuck Neuberger, Mayor Kathryn M. O'Halloran, CMC/A.A.E City Clerk APPROVED TO FORM AND LEGALITY ~ch Stringer, City Attorney I I City of Sebastian, Florida AGENDA TRANSMITTAL Agenda No. t~). t03/ Subject: BellSouth Mobility tower lease Date Submitted: 1/20/00 Exhibits: Letter Agreement dated 7/30/96 for For Agenda of: 1/26/00 temP0ra_ry., tower & 3/16/99 extension request; 5:/13/99 proposal for lease EXPENDITURE REQUIRED: 0 AMOUNT BUDGETED: 0 APPROPRIATION KEOUIRED: 0 SUMMARY: BellSouth Mobility currently maintains a temporary tower site behind the police department pursuant to an extension ora 1996 agreement. The lease payment is $700 per month ($8400 annually). Acting upon a proposal by BellSouth to enter into a long-term lease for the site at an annual rent of $9000, on 6/23/99 Council authorized staffto negotiate a long-term lease. Following said negotiations, the proposal is for a lease agreement upon the following terms: 1. Payment of $500 for initial option period of up to 12 months during which time the necessary approvals will be obtained by Lessee. The temporary facility will still be governed by the 1999 agreement extension. 2. A lease term of five years initially, with up to four automatic extensions at the discretion of Lessee, for approximately 2500 square feet and access rights.. 3. Rental payments of $18,000 for the first year, with an annual increase in the rent of four percent (4%). 4. Placement ofa monopole of up to 150 feet height, employing a enclosure for the antennas, and a prefab equipment shelter similar to current temporary facility. RECOMMENDED ACTION: Authorize City Attorney to finalize contract in accordance with the terms preseateaJ hereint~and authorize City Manager to execute the same. / ] BellSouth Mobility 5201 Congress Avenue Boca Raton, FL 33487 July 3 O, 1996 Mr. Thomas Frame City Manager City of Sebastian 1225 Main gtr~et .... Sebastian, FL 32958 BellSouth Mobility Temporary Cell ~ite Temporary Communication Facility Agreement Dear Mr. Frame: Please accept this letter as BellSouth Mobility's written Agreement to place a temporary cellular communication facility at the Police Department. This site will require a piece of property that is approximately 20 feet by 46 feet ifor placement of the temporary facility; however,.we will provide a temporary fence aroUnd the exterior of the facility. This facility will require 24 hour access seven days a week including weekends and holidayS'for our field personnel and maintenance purposes. The facility will consist of an equipment shelter that sits on a trailer which is equipped with a crank up tower and generator. This shelter will be provided by BellSouth Mobility and will require electrical service; the electric can be separately metered if the capacity is available or, we can install a check meter to monitor our use. If electric service is n~ available, we will use the generator system that is part of the "cell on wheels". With either scenario, BellSouth Mobility will be responsible for our power consumption and alii expenses in connection to our facility. It is anticipated that this temporary facility will be!located on your property for a period of eight months which would be until March 31, 1997. BellSouth Mobility, Inc will indemnify and hold you harmless from and againsl damages, causes of actions, costs and expenses arising out of or in any way connected with the Mobility, Inc for this temporary facility. BellSouth Mobility is proposing to pay a rental art. any and all claims, suits, actions, ich you may be subject to as a result of your properly by BellSouth ~unt of $400.00 per month plus applicable sales tax for the duration of our occupa~ tcy for this temporary facility. You will be receiving the payments by the first of each month once a building permit is issued or, I I I I I I I i I I I I I I i I I A BELL SOUTH Coml4~any I when we receive the approval from the City of Sebastian to place the facility at the Police i Department. If the above meets with your approval, please indicate your concurrence by signing below and.returning one original to my attention at the above address. If you should have any I questions or comments, you may contact me at (407)995-3580. I Sincerely, I Jo-Ellen Cox " BellSouth Mobility, Inc I Project Manager - Real Estate and Construction Acknowledgment of Approval I ~,-' ~~ ~.~~ ~/~//~ i Property Owner Date I I I I I I i ' ¢9 I @ BELLSOUTH Mobility BellSouth Mobility 561 995-3000i , CERTIFIED MAIL M~ch 16, 19~ i ~. P~I Wa~ ~ ~rchasing ~d Conea~ Ad~ator/~t to ~i~ ~ager Ci~ of Seb~F .... ~- - . [ 1225 M~ S~ Seb~i~ ~ 32958 . / . . Ci~ of ~asti~ - S~te ~RO5 (~ De~ ~. Wa~ ~e~South Mo~ world ~e to e~end the Agent for a Tempor~ Coruscation Fac~, ~ocated at thc S&~ Po~c~ D~mm~nt, for ~ ~fion~ 12 mon~. Thc ~ension ~R ' co~ce on Apfl 1, 1~9 ~d cont~ue t~ou~ Mgch 31, 2000. ~ Ci~ of Sebasti~ ~ continue to r~e $700.~ a mo~ pIus app~le ~ ~. Ift~s meets ~h your appro~ plebe ~di~te your~ con~ence by si~ng below ~d rem~g one ofi~ to ~ aR~fion at ~e ~ovc addr~s. ~You should hav~ ~y questions or co~ents, you may co~t~ me at (561) 995-3948. SAcerely, , Re~ Estate Ad~mtor R~ Estate & Co~maion Ne~ork - Sou~ ~ ~ ~'~amre repr~ts your COherence ~th the above. COPY . , conceats 1225 Ma~ S,eet ",-~~;:~: _ Sebastian, Florida 32958. .... -,:, .~, ~.. ~; BellSouth Mobili~ Lease at Sebastian Police Station (Replacement of Temporary Site) Dear Mr. Va~n~e~: ' BellSou~ MobiliW is ~terested ~ a long-te~ lease ~ fie Ci~ of Sebasfi~ to eons~ct a new teleco~unicafion ficiliw that would replace ~e exis~g tempor~ site at ~e police s~fion. BeBSou~ would requ~e approximately 2500 square feet to BellS°u~ s facilities are desk.ed to meet all s~n~ ~ecffied by ~e Sou~ Florida Buil~g Code as requked for such s~c~es, and s~te licensed con~ctors will peffom all of~e com~cfion work. O~ use will not result ~ an adverse ~pact to the area nor will it reduce or effect ~e capaci~ of ~y public facilities or ~as~c~e. ~en ~e equipment is operational, ~is site will provide a ~ndmen~l me~ of emergency coruscation should a hmc~e or o~er natural disasters occur. ~e existing tower located at ~e police station will not acco~odate ~e proposed ante~as due to ~e cu~ent load~g on ~e tower. I have compiled ~e follow~g specifications on ~e outdoor equipment ~at we would l~e to locate at your site. , Monopole (Piece Included) · Max~um height 125' (subject to F~ ~d a~o~ approval) Panel ante~as (Dkectioml, 3-Sector), at ~e top of the tower Pre- Fab E?ipment Shelter 12 x 26' umaned self-contused ' Tel~hone lh~ BellSou~ Mobili~ will be re~onsible for all u~ ~omump~on BellSou~ Mobili~ is wfllbg to off~ $~,000.00 per year for ~e us~ of yo~ prope~. Bell would l~e to enter a long-te~ l~ase a~e~ment wi~ an bifial 5-ye~ t~ w~ch will bclud~ ~ (5) ye~ options. I hav~ enclosed a cop~ of BellSouth's standard l~ase agreement for yo~ review. If approp~ate, please schedul~ ~s proposal for ~ Mayor and Council s consideration. Please noti~ me of~e date, me and place o~e meetbg so we If you have any questions or co~ents, please feel ~ee to contact m~ at (561) 753-76~0. ~a~ you for your time and consideration. Sincerely, Site Concepts, Inc. - Consultanu to BellSou~ Mobili~ $!TE CONCEPTS INCORPORATED · 299 Camino Gardens Blvd,, Suite 20d · Boca Raton, Florida 33432 Monopoles 11 I I I I I I I I I I I ! I I i I I I I City of Sebastian, Florida AGENDA TRANSMITTAL Agenda No. tgO-032. Subject: Methodology for measuring lot width in Riverfront District Date Submitted: 1/10/00 Exhibits: Ordinanc~"0~00-03; P&Z minutes excerpt of 1/6/00 meeting For Agenda of: 1/2g/2000 EXPENDITURE REQUIRED: 0 AMOUNT BUDGETED: 0 APPROPRIATION REQUIRED: SUMMARY: Pursuant to Council direction, an amendment to the Land Development Code was prepared to provide for measurement of lot width at a point more closely aligned with the center of a subject lot, rather than along the front-yard setback as currently indicated in the Code. As required by the Code, the matter was presented to the Planning Commission at its 1/6/00 meeting for review and recommendation, and the Commission unanimously recommended approval of the amendment. RECOMMENDED ACTION: Pass Ordinance 0-00'03 up°n first reading and set public hearing f°r 2/23/00' f/~> ~/~/ ORDINANCE NO. 0-00-03 AN ORDINANCE OF THE CITY OFi SEBASTIAN, INDIAN RIVER COUNTY, FLORIDA, AMENDINGi SECTION 20A-19.3 (19) , LAND DEVELOPMENT CODE, RIVERFRONT OVERLAY DISTRICT DEFINITIONS; PROVIDING FOR CONFLICTS; PROVIDING FOR SEVERABILITY; PROVIDING FoR AN EFFECTIVE DATE. WHEREAS, the Riverfront Overlay District provisions of the Land Development Code of the City of Sebastian provides maximum lot width coverage for structures w~thin the district as a means of maintaining iow density within the district and riverfront vistas for the citizens of the commUnity; and WHEREAS, regulation of this nature is unique to the Riverfront District; and WHEREAS, the definitions to th~ overlay district regulations provide that widths are measured bY a line parallel to the street frontage of the lot, but do not del}neate where in the dimensions of the lot this line is to be measured; and WHEREAS, application of the geBeral Code directive that lot width be measured along the front sietback can lead to inequitable results where side lot lines do notl run parallel; NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF SEBASTIAN, INDIAN RIVER COUNTY, FLORIDA, as follows: Section 1. That section 20A-19.3(19) of the Land Development Code, City of Sebastian, Florida is hereby amended to read as follows: Sec. 20A-19'.'3. Definitions. (19) Width means a lineal dimension of a site or building measured on a line parallel to the line of the street frontage. In measuring Lot Width, said parallel ~ine_will run through the midpoint of a perpendicular line extending from the midpoint of th~ front, lot line to the point at 'which it intersects the rear l_ot line. Section 2. CONFLICT. Ail ordinances or parts of ordinances in conflict herewith are hereby repealed. Section 3. SEVERABILITY. In the event a court of competent jurisdiction shall hold or determine that any part of this Ordinance is invalid or unconstitutional, the remainder of the Ordinance shall not be affected and it shall be presumed that the City Council of the City of Sebastian did not intend to enact such invalid or unconstitutional provision. It shall further be assumed that the City Council would have enacted the remainder of this Ordinance without said invalid or unconstitutional provision, thereby causing said remainder to remain in full force and effect. I I I Section 4. EFFECTIVE DATE. This Ordinance shall take I effect upon adoption. The foregoing Ordinance was moved for adoption by Councilmember · The motion was seconded by coUncilmember I and, upon being~ put to a vote, the vote was as I follows: -. -~ - Mayor Chuck Neuberger i I Councilmember Joe Barczyki Councilmember Walter Barnes Councilmember Ben A. BishOp Councilmember Edward J. M~jcher, Jr. i The Mayor thereupon declared this Ordinance duly passed and I adopted this 23rd day of February, 2000. I CITY OF SEBASTIAN, FLORIDA I By: ATTEST: Chuck Neuberger, Mayor i Kathryn M. O'Halloran, CMC/AAE Approved as to form and I City Clerk legality for reliance by the City of Sebastian only: I Rich Stringer, City Attorney I I PLANNING AND ZONING COMMISSION MINUTES OF REGULAR MEETING OF JANUARY 6, 2000 E, PUBLIC HEARING - Recommendation to City Council - Proposed Ordinance - Riverfront Overlay District Lot Width Measurement Atty. Stdnger explained the problem with the current regulation as to where and how to take a lot width measurement in the Riverfront Overlay District. He then explained the proposed new procedure which would be more equitable to owners of odd shaped lots. As an example, he did a rough sketch on paper and showed it to the Board members. MOTION by Barrett/Mahoney(a) I certainly would make a recommendation that we forward this to City Council for approval. Roll call: Mr. Gerbold - yes Mr. Barrett - yes Mr. Mahoney(a) - yes Ms. Vesia - yes The vote was 4- O. Motion carried. CHAIRMAN MATTERS: None MEMBERS MATTERS: There was some discussion on the Publix store going in at rber ~./,4k'~u~u.S. Tracy Hass noted some recent conversations on this site. Mr. Hass agreed to look at the handicap parking area at Pizza Hut. Mr. Barrett suggested that the'election of Chairman and Vice Chairman be put off until a better representation of Board members are present. All members present agreed. DIRECTOR MATTERS: Mr. Hass suggested having an LPA meeting next week to discuss Articles Xlll and XV, and he will hand out additional Articles at that meeting. He noted that he is available for comments from any Board members who cannot attend the meeting. Act. Chmn. Vesia adjourned the meeting at 9:30 P.M. (1/-11/oo AB)