The URL can be used to link to this page

Home My WebLink About03142001HOME OF PEJ.,iCAN ISLAND CITY COUNCIL REGULAR MEETING AGENDA PACKET WEDNESDAY MARCH 14, 2001 7:00 PM HOME OF PELICAN ISLAND SEBASTIAN CITY COUNCIL AGENDA REGULAR MEETING WEDNESDAY, MARCH 14, 2001 - 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 Individuals will address the City Council with respect to agenda items immediately before deliberation of the item by the City Council limit of ten minutes per speaker (R-99-21) 2. 3. 4. 5. CALL TO ORDER PLEDGE OF ALLEGIANCE INVOCATION/MOMENT OF SILENCE ROLL CALL AGENDA MODIFICATIONS (ADDITIONS AND/OR DELETIONS} Items not on the wdtten agenda may be added only upon a majority vote of City Council members (R-99-21) PROCLAMATIONS, ANNOUNCEMENTS AND/OR PRESENTATIONS A. Proclamation - National Girl Scout Week - March 11-17, 2001 - Accepted by Dawn Fronduto B, Reginald Reynolds - Sebastian River High School - AudioNisual Department - City Council Meeting Broadcasts (No Backup) CITY ATTORNEY MATTERS CITY MANAGER MATTERS A. Racial Slurs and Attacks by Herbert Sturm (No Backup) CITY CLERK MATTERS CITY COUNCIL MATTERS 01.075 01.077 A. Mayor Barnes B. Vice Mayor Bishop Mr. Barczyk D. Mr. Hill E. Mr. Majcher 11. CONSENT AGENDA All items on the consent agenda are considered routine and will be enacted by one motion. There will be no separate discussion of consent agenda items unless a member of City CoUncil so requests; in which event, the item will be removed and acted upon separately. 1-18 A. Approval of Minutes - 2/21/01 Special Meeting, 2/28/01 Regular Meeting 12. PUBLIC HEARING - None 13. INTRODUCTION OF NEW BUSINESS FROM THE PUBLIC Item that has occurred or was discovered within the previous six months which is not otherwise on the agenda - sign-up required - limit often minutes for each speaker 14. COMMITTEE REPORTSIRECOMMENDAT!~)NS 15. OLD BUSINESS 01.004 A. Police Dispatch Issue - Requested bY Mayor Barnes (No Backup) 01.025 B. Emergency Water Restrictions - ReqUested by Mayor Barnes (No Backup) 16. NEW BUSINESS ol.o61 A. Appropriate $250,000 from Airport FUnds and Approve Change Order #1 for Links Construction to 19-22 Construct New Golf Hole # 11 and Relocate # 17 Tee and Green in the Amount of $250,000 (Golf Course Transmittal, Scope of Work, Links Quote) 01.o78 B. First Reading of Ordinance No. O-01i06 - Repeal of Police Pension Amendments (City Attorney 23-26 Transmittal, 0-01-06) , AN ORDINANCE OF THE CITY OF SEBASTIAN, REPEALING ORDINANCE NO. 0-99-38; ( POLICE PENSION MODIFICATIONS) PROVIDING FOR AN EFEECTIVE DATE; PROVIDING FOR CONFLICTS. 17. ADJOURN (All meetings shall adjourn at 10:30/~.m. unless extended for up to one half hour by a majorfty vote of City Council) i ANY PERSON WHO DECIDES TO APPEAL ANY DECISION MADE BY THE CITY COUNCIL WITH RESPECT TO ANY MA TTER CONSIDERED AT THIS MEETING (OR HEARING) WILL NEED A RECORD OF THE PROCEEDINGS AND MAY NEED TO ENSURE THAT A VERBA TIM RECORD OF THE PROCEEDINGS IS MADE, WHICH RECORD INCLUDES THE TESTIMONY AND EVIDENCE UPON WHICH THE APPEAL IS TO BE HEARD. (286.0105 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 A T LEAST 48 HOURS IN ADVANCE OF THIS MEETING. Hearing Assistance Headphones are Available in the Council Chambers for all Government Meetings. Special Meeting - Monday, 3/19/'2001 - 7 pm (Election Matters) Regular Meeting- Wednesday, 3/2872001 - 7pm HOME OF PELICAN ISLRND MINUTES SPECIAL MEETING SEBASTIAN CITY COUNCIL WEDNESDAY, FEBRUARY 21, 2001 - 7:00 P.M. CITY COUNCIL CHAMBERS '1225 MAIN STREET, SEBASTIAN, FLORIDA 01.044 Mayor Barnes called the Special Meeting to order at 7:00 p.m. The Pledge of Allegiance was recited. ROLL CALL City Council Present: Mayor Walter Barnes Vice Mayor Ben A. Bishop Mr. Joe Barczyk Mr. Edward J. Majcher, Jr. Mr. James Hill Staff Present: City Manager, Terrence Moore City Attorney, Rich Stringer City Clerk, Sally Maio Growth Management Director, Tracy Hass Mayor Barnes requested that item 5A ZCS Senior Housing Partners be moved up on the agenda and there was no objection. OTHER MATTERS ZCS Senior Housing Partners, LLC Re: Possible Develoj~ment of Senior Housing Facility Staff provided a proposed rental schedule, and Cliff Singleton, ZCS Senior Housing Partners, LLC, Melbourne, Florida, distributed a proposed conceptual site plan for the Sebastian River Senior Apartments. (See submittals attached) He then went on to present his request for City Council support to proceed. The Growth Management Director addressed the issue of the local government contribution by citing a savings of $300,600 by reducing the parking requirement by 167 spaces, which meets the local government contribution. Mr. Singleton responded to City Council concerns relative to possible impacts of the parking reduction and buffering. He stated he was willing to spend the $1000 fee required to file the application to have the opportunity just to come back and work with Council to put it Special City Council Meeting February 21, 2001 Page Two = altogether in a way that is beneficial tO the community and that them is no binding commitment at this time. He said he has 60 to 90 days to put it together, the project is contingent upon other approvals, and that there is no commitment except for all parties involved to see if this project can happen. He said has until June 10, 2001 to submit to the state; and won't know if he has state approval until October 1, 2001. The City Attorney advised that City COuncil could by consensus authorize staff to pumue investigating this and working with staff to come back with a proposal. Mayor Barnes reiterated "All those in favor of pumuing this on a non-binding format please say aye." Voice vote carried 5- 0. PUBLIC HEARINGS - CONTINUED FROM FI~BRUARY 14. 2001 REGULAR MEETING 01.032A A. Ordinance No. O-01-03 - Land Use C!~an_(~e - CNK, Inc. (Growth Manaqement Transmittal 1/30/01, 0-01-03. A~)Dlication. MaD. Staff Report, P & Z Recommendation) AN ORDINANCE OF THE CITY OF SEBASTIAN, FLORIDA, APPROVING A SMALL SCALE AMENDMENT TO THE . FUTURE LAND USE MAP OF THE COMPREHENSIVE PLAN FOR LOT 17, SECTION 30, AA BERRY SUBDIVISION CONSISTING OF 5.14 ACRES, MORE OR LESS, TO IN (INDUSTRIAL) FROM INS (INSTITUTIONAL); AUTHORIZING FINDINGS AND ADMINISTRATIVE ACTIONS THERETO; PROVIDING FOR CONFLICTS; PROVIDING FOR SEVERABILITY; PROVIDING FOR EFFECTIVE DATE. The City Attorney advised that although small scale land use is not considered quasi-judicial, and that them am no specific rules of procedure for small scale land use, them should be a motion to suspend the rules to allow for applicarlt presentation following staff presentation. MOTION by Barczyk/Hill ~ "1'11 move to recommend that we, after the staff presentation, the applicant representative presentation be approved and suspend the rules as previously quoted," ROLL CALL: Mr. Bishop Mr, Barczyk Mr. Majcher Mr. Hill Mayor Barne.~ MOTION CARRIED 5-0 The City Attorney read Ordinance No, - aye - aye - aye - aye - aye D-01-03 by title. TAPE I. SIDE II (7:47 p.m.) The Growth Management Director presented the C.N. Kirrie application for the proposed small scale land use plan amendment for the former Knights of Columbus on Gibson, a 5.14 acre site, from INS (institutional) to IN (Industria), citing the compatibility of the Industrial land use designation based on uses of adjacent properties to the northeast (County transfer station) and east (industrial park). The "Growth Management Department Comprehensive Plan Amendment Application Staff Report" is attached tO these minutes. The Growth Management Director responded to questions from City Council relative to wetlands on the property, buffering on the three! sides that abut residential which requires 100% opaque buffer for a minimum of ten feet; and also requires review from Department of Environmental Protection, and St. Johns if the facility ~vere to be expanded into any Iow wetland areas. 2 Special City Council Meeting February 21,2001 Page Three Warren Dill, Attorney,at-Law, representing applicant C.N.K. Inc. and Christopher Kirrie, gave a brief background on his twenty six years of expertise in land use and planning law. He submitted four sets of documents for the record, including: (1) Mr. Dill's resume, (2) miscellaneous documents, (3) photos of the former Knights of Columbus building; and (4) photos of other industrial properties adjacent to the subject site. (Ali exhibits presented at these heatings are on file in the OftTce of the City Clerk with corresponding numbers as assigned in these minutes) TAPE II ~ SIDE I (8:34 p.m.) Mr. Dill was sworn in by the City Attorney; stated that abutting residents chose to move into an industrial area; and noted that Mr. Kirtle has been using another property around the corner from the subject site for industrial use including styrofoam for years and has had no problem since that time. He then proceeded to give a brief history on this property going back to its annexation and prior rezoning from County Rose-4 to Public Service, which he said was an inappropriate classification for a private property; expressed the need for more industrial land in the City of Sebastian and described photos of adjacent properties and various other documents he had submitted into the record. He cited a letter and petition language in the packet apparently prepared by abutting property owners, Susan and Blake Smith, both of which object to the use. Mr. Dill briefly described the ongoing Kirrie application for land use change and rezoning for a 15 acre site; discussed the proposed use as a styrofoam processing plant, found to be compatible by City staff; submitted an Indian River County computer printout of commercial businesses with 44 Roseland businesses highlighted (5). Christopher W. Kirrie, applicant, briefly discussed the wide use of polystyrene, a petroleum by- product; described the process of expanding the material by a heat source which is then poured into a mold, and used for such products as helmets, coolers, buoys, etc. He distributed samples of the product produced by the company during the meeting and took a bite of the product to exhibit that it is not toxic. (There is a sample of the product in the City Clerk's Off/ce) Mayor Barnes called recess at 8:49 p.m. and reconvened the meeting at 8:57 p.m. All City Council members were present. Randy Mosby, Mosby and Associates, consulting engineer, stated he had acted as consultant to Mr. Kirde for 15 years for his existing manufacturing facility in the Rose-4 district, and represented the Knights of Columbus when the site was rezoned to Public Service. He stated that this is a wetlands site and would require modified St. Johns' permits if any alterations to the site were to take place; said there are no signs of gopher tortoise on site; discussed a decrease in traffic by a change to industrial; and stated that the process of molding styrofoam causes no hazard in solid form. Bob Ahrens, Daytona, stated he had been in the styrofoam business for 30 years, was a member of the Society of Plastics, which tests and sets standards, member of ASTM (American Society of Testing Materials). He stated that solid granular polystyrene plastic will cause no hazard. The City Attorney swore in Mr. Ahrens. Mr. Tim Pickles, Attorney-at-Law, 1970 Michigan Avenue, Cocoa, briefly described his experience in real estate law and land use issues; and presented, for the record, original documentation previously presented to the City Clerk the day of this hearing for distribution to City Council entitled "City of Sebastian Kirtle Rezoning and Comprehensive Plan Amendment Smith Objection Submittal" prepared by Lawandales Planning Affiliates (6); and then presented, for the record, "Department of Community Affairs Objections, Recommendations and Comments" Special City Council Meeting February 21, 2001 Page Four on the proposed land use change for the fifteen acre parcel (7). He then reviewed the submittals, urged that future land uses be considered when considering this proposed land use change. He cited other allowed industrial uses and stated that if this application is approved, City Council would be violating its own Comprehensive Plan, Industrial Land Use Designation Object 1.23 (1), which states "Industrial designated areas are not adaptive to residential use and as such industrial activities shall not be located in areas Idesignated for residential development." He further reviewed four items cited in the DCA 0RC report, specifically the Treasure Coast Regional Planning Council memorandum datedi April 21, 2000 which states that the proposed land use I does not seem compatible w~th the surrounding land uses and the City has not documented the need for additional industrial land uses in this location or elsewhere in the City. He stated that 81% of the current industrial land in thie City is vacant. He closed by citing other industrial uses that could come in if industrial land use is approved, and that Mr. Kirrie knew he was buying a property that was public service and ir~stitutionally zoned. (Public Input Sign-up Sheets are attached to these minutes) Susan Smith, 7677 Gibson Street, RoSeland, abutting property owner, assured City Council that she coerced no one to be at the hearipg; and asked that they not change the use of this land to Industrial based on public safety and public health issues. Jackie James, Roseland Road, Rosel~and, said people have plans to preserve and improve Roseland. i Blake Smith, 7677 1 SOt" (Gibson) street, Roseland, presented photos of his residence on Gibson Street, for the record; (8) , TAPE I/- SIDE II (9:30 p.m.) exhibited the location of the five acre Smith property; and submitted individual petitions (9); objecting to the change in land use. Several people who had signed to speak did not respond when called upon by Mayor Barnes. William ???, 7835 129th Place, Roseland, expressed concern about dust, equipment and noise created by the proposed use. ~ Fred Mensing, 7580 129th Street, Roseland, said he would prefer to see Mr. Kirrie in the site than leave it as an unknown. Marc Snell, 733 Beard Avenue, SebaStian, adjacent property owner, stated he had no objection to the use. i Lee Skinner, 12800 82"d Court, Roseland, objected to the change in land use to industrial. Elihu Skinner, 12800 82nd Court, Roseland, seconded his wife's statement. Applicant Christopher Kirrie, Roseland, said the conservation area is built on an old Indian River County landfill, industry is necessary tO the area, that he has been a good neighbor for many years, and is trying to move his operation out of a residential area and into an industrial area. Special City Council Meeting February 21, 2001 Page Five Fred Meidel, 13680 Old Dixie Highway, Roseland, adjacent property owner, opposed the change of land use and zoning. Janice Manz, 7920 129th Street, Roseland, neighbor of Mr. Kirrie, said Mr. Kirrie's industry is clean. Joanne McGrath, 7945 134m Street, Roseland, 134th Street, Roseland, objected to the change in land use to industrial for environmental reasons. Marion Yakso, 7805 130th Street, Roseland, adjacent property owner, objected to the change in land use and rezoning Karen McClain, 7985 129th Street, Roseland, submitted photos of Mr. Kirrie's current manufacturing site (9) which she stated is not well maintained and makes her property look terrible. The City Attorney advised the photos must be held until any appeal time runs. TAPE III - SIDE I (10;17 p.m.) Barbara Banfield, 7408 129th Street, Roseland, recommended the property be de-annexed; and opposed the change in land use and zoning. Tom Spaulding, 7890 129th Place, Roseland, said there are many residents conducting home businesses in Roseland. Dan Maher, 400 Industrial Circle, Sebastian, said a lot of the City industrial land previously mentioned is on airport property; and concurred that industrial land must be provided for growth. George ????, 7805 129th Place, Roseland, suggested the property go back to Indian River County. Charlie Stachel, 1698 Coral Reef Street, Sebastian, did not take a position but urged that this board act as if this property was in Sebastian. Walter Olevich, 8285 129th Court, Roseland, expressed concern for the proposed styrofoam processing and its effect on surrounding areas. Mayor Barnes closed the public hearing at 10:28 p.m. MOTION by Hill/Majcher "1 would move to extend the meeting to no later than 11:00." ROLL CALL: Mr. Bishop - aye Mr. Barczyk - aye Mr. Majcher - aye Mr. Hill - aye Mayor Barnes - aye MOTION CARRIED 5-0 Attorney Pickles reminded City Council the possible permitted and conditional uses allowed in InduStrial, and stated that City Council would violate its own comprehensive plan if this application is approved without a text amendment. Special City Council Meeting February 21, 2001 Page Six Attorney Dill said most of the people Who opposed the use don't live near this property; said this is the furthest north piece of property that can be zoned industrial by the City; and urged approval of the land use plan amendment.. The City Attorney summarized on behalf of staff; said the other 15 acres is not an issue, cited a printer's error on the colored land use map and, in fact, the property across Gibson Street is industrial; stated the applicant had a reasonable expectation of rezoning to industrial at the time of purchase; stated the only reasonable land use and zoning for this site would be industrial; citing other uses in the area, i.e., airport industrial, runways, and problems of location on a former Indian River County landfill. : i City Council discussion followed. The ~C~ty Attorney further advised that the indian River County transfer station will remain as is, that Department of Environmental Protection and Treasure Coast Regional Planning Council concerns relative to the 15 acre site have been addressed; that this is a borderline area and not a strictly residential area; cited the preference by environmentalists for industrial over residential; and cited the designation of Gibson Street as a collector road by Indian River County. The Growth Management Director said because this is a change of use the code requires that all local, state and federal requirements Will have to be met before site plan can be approved by Planning and Zoning. MOTION by Bishop/Majcher "1'11 move to approve Ordinance No. O-01-03." Mr. Hill said he did not see a problem With a styrofoam plant but that the issue is the industrial use. 01.032B B. ROLL CALL: Mr. Barczyk Mr. Majcher Mr. Hill Mayor Barnes Mr. Bishop MOTION CARRIED 4-1 (Hill - nay) - aye - aye - nay - aye - aye Ordinance No. O-01-04 - Rezoning - (~NK, Inc. (Growth Management Transmittal 1/30/01, 0-01- 04, ADD#cation, Map. Staff Report, P & Z Recommendation) This Matter is Quasi. Judicial AN ORDINANCE OF THE CITY OF SEBASTIAN, FLORIDA, REZONING LOT 17, BLOCK 30, AA BERRY SUBDIVISION CONTAINING 5.14 ACRES, MORE OR LESS,IFROM PS (PUBLIC SERVICE) TO IN (INDUSTRIAL); PROVIDING FOR REPEAL OF ORDINANCES OR PARTS OF ORDINANCES IN CONFLICT HEREWITH; PROVIDING FOR SEVERABILITY; PROVIDING FOR AN EFFECTIVE DATE. The City Attorney read Ordinance No. O-01-04 by title; the City Clerk swore in all those who intended to offer testimony; and all City Council members disclosed they had spoken to Mr. Smith and Mr. Kirrie. Attorney Warren Dill asked that all doCuments entered into evidence for the land use hearing and a transcript of presentations by Mr. Dill, Mr. Mosby, Mr. Kirrie and Mr. Ahren be entered into evidence for this hearing. He said since the industrial land use has been approved, thers is no Special City Council Meeting February 21, 2001 Page Seven other zoning but indUstrial that can be approved; concurred with the staff report; and urged approval of the zoning from public service to industrial. The City Attorney asked that staff report be made part of the record, and that the zoning must be consistent with the land use. There was no City Council input at this time, No one spoke in favor of the request, Attorney Pickles asked that all evidence presented during his presentation on the comprehensive land use plan as well as the comprehensive land use plan map and his argument and all testimony received in the prior hearing be entereed into evidence on the rezoning, He stated that the City Council had not made a finding of fact as required by Snyder vs. Board of County Commissioners with regard to direct effect on surrounding property owners. MOTION by Majcher/Barczyk 'Td make a motion that we extend the meeting from 11:00 to 11:15." ROLL CALL: Mr. Majcher - aye Mr. Hill - aye Mayor Barnes - aye Mr. Bishop - aye Mr. Barczyk - aye MOTION CARRIED 5-0 The City Attorney stated for the record, that the materials submitted can be accepted subject to whether or not it is sworn testimony, and that the findings of fact are contained in the body of Ordinance No. O-01-04. MOTION by Bishop/Majcher "1 move to adopt Ordinance No. O-01-04." ROLL CALL: Mr, Hill - aye Mayor Barnes - aye Mr. Bishop - aye Mr. Barczyk - aye Mr, Majcher - aye MOTION CARRIED 5-0 6. Being no further business, Mayor Barnes adjourned the Regular Meeting at 11:03 p.m. Approved at the ,2001 Regular City Council Meeting. Walter Barnes Mayor Sally A, Maio City Clerk 7 HOME OF I~I~ ISLRND SEBASTIAN CITY COUNCIL MINUTES REGULAR MEETING WEDNESDAY, FEBRUARY 28, 2001 - 7:00 P.M. CITY COUNCIL CHAMBERS 1225 MAIN STREET, SEBASTIAN, FLORIDA 2. 3. 4. Mayor Barnes called the Regular City Council Meeting to order at 7:00 p.m. The Pledge of Allegiance was recited. There was a moment of silence in memory of Police Chaplain Frank Camillo. ROLL CALL City Council Present: Mayor Walter Barnes Vice Mayor Ben Bishop Mr. Joe Barczyk Mr. James Hill Mr. Edward Majcher, Jr. Staff Present: City Manager, Terrence Moore City Attorney, Rich Stringer City Clerk, Sally Maio Growth Management Director, Tracy Hass Public Works Director, Terry Hill Parks Supervisor, Chris McCarthy City Engineer, Ralph Brescia Finance Director, Mark Mason Administrative Secretary, Joanne Sandberg Regular City Council Meeting February 28, 2001 Page Two AGENDA MODIFICATIONS {ADDITIONS AND/OR DELETIONS) Items net on the written agenda may be added only upon ~ majority vote of City Council members (R-gg.21) 01.064 Vice Mayor Bishop requested that item 14.A. Code Enforcement Board appointment be moved to the consent agenda since there was only one appli~,ation and the applicant is a current member of the board. Voice vote carried 5-0. PROCLAMATIONS, ANNOUNCEMENTS AND/OR PRESENTATIONS A. Boys and Girls Club of Indian River Cobntv {Felten Letter 2/7/01) Ken Felten, President Board of Directors, and I~isa Smith-Fulton, Executive Director Boys and Girls Club of Indian River County, gave a brief presentation on the club's operation, sought support for a plan of action to develop a partnership to establish a club in the North County area, and responded to City Council questions. It was the consensus of City Council to have the City Manager work with Boys and Girls Club of Indian River County to bring back a plan of action. 7. CITY ATTORNEY MATTERS None, 01.065 01.029 CITY MANAGER MATTERS ThE City Manager reported that tonight was the first live telecast of the City Council meeting. A. Bond PricinQ (No Backup~ : The City Manager requested that City Council adopt Resolution No. R-01-17, following a presentation by Finance Director; Marl~ Mason; Jeff Larson, General Manager, Hanifen, Imhoff; and Jean Wilson, Nabors, Giblin. Mr. Larson distributed a handout entitled "City of Sebastian, Florida Comparable Interest Yields" (see attached); and briefly reviewed it for City Council. He then distributed a handout entitled "So~rces and Uses of Funds - City of Sebastian, Florida Recreational Facilities Improvement a/~d Refunding Bonds, Series 2001 Verbal Award Pricing" (see attached). Jean Wilson explained the two changes in the resolution presented at this that the City Manager had executed a bond purchase contract with Hanifen meeting, explained Imhoff at this meeting in accordance with adoption of a prior authorizing resolution, and announced the closing will take place 0n March 14, 2001. Mr. Larson then presented a check to the Mayor in accordance with the bondI purchase contract. Resolution No. R-01-17 - Amending and Restating R-01-07 Providing for Anti-Dilution Covenant and Provisions Re: Series 2001 Bond I~nsurance Policy (Finance Transmittal 2/23/01, Selected Portions of Arnendments to R-01-07 M~$ter Bond Resolution) A RESOLUTION OF THE CITY COUNCIL OFITHE CITY OF SEBASTIAN FLORIDA, AMENDING AND RESTATING RESOLUTION NO R-01-07 ENTITLED"A RESOLUTION OF THE CITY COUNt;IL OF THE CITY OF SEBASTIAN, FLORIDA AUTHORIZING THE ISSUANCE OF THE CITY OF SEBASTIAN FLORIDA RECREATION FACILITIES' BOND TO FINANCE THE ACQUISITION OF CERTAIN CAPITAL IMPROVEMENTS TO CERTAIN RECREATIONAL FACILITIES OWNED BY THE CITY AND/OR THE COST OF REFUNDIN(~ CERTAIN OUTSTANDING OBLIGATIONS OF THE CITY RELATED TO SUCH FACILITIES, TOGETHER WITH CAPITALIZED INTEREST AND CERTAIN COSTS ASSOCIATED THEREWITH; . PROVIDING FOR THE RIGHTS OF THE HOLDERS OF SAiD BONDS; PROVIDING FOR THE PAYMENT OF THE PRINCIPAL OF, PREMIUM, IF ANY, AND INTEREST ON SAID BONDS FROM THE PLEDGED FUNDS; MAKING CERTAIN OTHER COVENANTS AND AGREEMENTS IN CONNECTION WITH THE ISSUANCE OF SAID BONDS; PROVIDING FOR. SEVERABILITY AND PROVIDING FOR AN EFFECTIVE DATE; PROVIDING AN ANT*DILUTION COVENANT AND PROVISIONS RELATING TO THE SERIES 2001 BOND INSURANCE POLICY; AND PROVIDING FOR AN EFFECTIVE DATE. Regular City Council Meeting February 28, 2001 Page Three The City Attorney read Resolution R-01-17 by title. MOTION by Hill/Majcher "1 move approval of Resolution R-01-17." ROLL CALL: Mayor Barnes - aye Mr, Bishop - aye Mr, Barczyk - aye Mr, Majcher - aye Mr. Hill - aye MOTION CARRIED 5-0 01.066 Proposed Recommendation to Indian River Counb/Metropolitan Plannina Omanization (Growth Management Memo 2221/01) The City Engineer gave a brief presentation on a recommendation to request that Indian River MPO move Powerline Road and Vocelle/Fleming Avenue projects up on their priodty list. TAPE i - SIDE fl (7:48 p,m.) It was the consensus of City Council to direct submission of a letter of recommendation. 9. CITY CLERK MATTERS None. 10. CITY COUNCIL MATTERS A. Mr. Majcher Requested a report of an estimated percentage of users of City parks and recreational facililities to ascertain the number of residents vs. non-residents. The City Manager said he will be compiling a report for City Council inthe near future. B. Mayor Barnes Inquired whether various time frames required by the Comprehensive Plan are being followed; and the City Attorney reported that it was probably time to begin an update and set realistic dates. The City Manager further elaborated on plans to be implemented. Discussed Collier Creek Estates development and a requirement that residents be given a notice advising that they are moving into the vicinity of an airport. Asked that the Police Dispatch item be placed on the Mamh 14, 2001 agenda Recommended getting together with other Indian River County govermental body officials to come up with a uniform water restriction, noting he would be willing to set it up. City Council members concurred. 3 Regular City Council Meeting February 28, 2001 Page Four C. Vice Mayor Bishop Urged that Council look into further em concurrence to have the City Attorney 14, 2001 agenda. Mr. Barczvk ~.rgency water restrictions and asked for Council 3ring back language. This item was placed on the March Expressed concern about speeding or~ Barber Street and people not honoring stop signs on Wimbrow and Barber. , Eo Mr. Hill Asked about basketball courts at Barber Street Sports Complex, suggested using chains rather than netting; and asked if lights were being installed for the courts. The City Manager said lights were scheduled for late 2001. 01.067 01.068 01.069 01.071 11. CONSENT AGENDA i All items on the consent agenda are considered routine ~nd will be enacted by one motion. There will be no separate discussion of consent agenda items unless a member of City CounCil so requests; in which event, the item will be removed and acted upon separately, i A. Approval of Minutes - 2/14/01 Regular Meeting B. Approve City Manager Attendance at FlOrida City and County Management Association (FCCMA) 55"~ Annual Conference at Marriott Harbor Beach Resort, Ft. Lauderdale, Florida - May 9-12, 2001 (City Manager Transmittal 2/20/01) , i C. Baker Wedding - Community Center - ~/7/01 - Noon to 6 pm - A/B - Security Paid - Age Verified (City Clerk Transmittal 2/7/01, Application) I I D. Pelican Island Preservation Society Wildlife Festival - Authorize Staff to Facilitate Necessary Traffic Controls and Street Closings for Previously Approved Festival on 3/11/01 at Riverview Park (City Manager Transmittal 2/21/01, Stieglitz iLetter) Code Enforcement Board - Interview, Unless Waived, and Appoint One Regular Member to Three Year Term to Expire 3/1/2004 (City Clerk Transmittal 2/20/01, Application, Member List, Ad) Mr. Barczyk removed item D for clarification. MOTION by Bishop/Majcher "1'11 make a motion to approve ROLL CALL: :onsent agenda items A, B, C, and E." Mr. Bishop - aye Mr. Barczyk - aye Mr. Majcher - aye Mr. Hill - aye Mayor Barnes - aye MOTION CARRIED 5-0 4 Regular City Council Meeting February 28, 2001 Page Five 01.070 12. Item D - Pelican Island Day Mr. Barczyk suggested an alternative street closing to keep the Yacht Club boat ramp accessible. Ruth Davies, Pelican Island Preservation Society, addressed City Council. It was suggested that the group work out the street closing with the Police Department to accommodate the festival but keep access to the Yacht Club boat ramp and parking area open. MOTION by BarczyldBishop "1 move to approve consent item D," ROLL CALL: Mr. Barczyk - aye Mr, Majcher - aye Mr. Hill - aye Mayor Barnes - aye Mr. Bishop - aye MOTION CARRIED 5-0 PUBLIC HEARING Resolution No. R-01-10 - Notice of Intent - Method of Collecting_Non- Advalorem Special Assessments for Stormwater Services (City Attorney Transmittal 2/21/01, R-01-01, Ad) A RESOLUTION OF THE cl'rY OF SEBASTIAN, FLORIDA ELECTING TO USE THE UNIFORM METHOD OF COLLECTING NON-AD VALOREM SPECIAL ASSESSMENTS FOR STORWATER SERVICES; STATING A NEED FOR SUCH LEVY; PROVIDING FOR THE MAILING HEREOF; PROVIDING FOR AN EFFECTIVE DATE, Mayor Barnes opened the public hearing at 8:13 p.m.; and the City Attorney read Resolution No. R- 01-10 by title. The City Attorney advised that this does not commit the City to anything but is merely the first step in a process to consider a stormwater assessment program, MOTION by Barczyk/Majcher "1 move to adopt Resolution R-01-10 and further authorize staff to pursue preliminary steps for future Council action establishing a stormwater utility," ROLL CALL: Mr. Majcher - aye Mr, Hill - aye Mayor Barnes - aye Mr, Bishop - aye Mr. Barczyk - aye MOTION CARRIED 5-0 Regular City Council Meeting February 28, 2001 Page Six 13. INTRODUCTION OF NEW BUSINESS FROM THE PUBLIC Item that has occurred or was discovered within the previous six months which is not othe/wise on the agenda - sign-up required, limit of ten minutes for each speaker Leonard Bassi, 573 Browning Terrace, Sebastian, cited several statutes and presented other documentation relative to a problem with his h(~use construction many years ago. Mayor Barnes called recess at 8:26 p.m. and reconvened the Regular Meeting at 8:40 p.m. All members were present. TAPE II - SIDE I (8:40 p.m.) Ray Coniglio, announced the Sebastian River ~krea Chamber of Commerce Candidates' Forum on Wednesday, March 7, 2001 at 7:00 p.m. in the City Council Chambers. Herbert Sturm, 549 Saunders Street, Sebastian, distributed photos and documents related to his long time code enforcement issue. 14, COMMITTEE REPORTSIRECOM MENDATIOiNS 01.071 A. Code Enforcement Board i 1. Interview, Unless Waived, and Appoint One Regular Member to Three Year Term to Expire 3/1/2004 (City Clerk Transmittal 2/20/01, Application, Member List, Ad) This item was moved to the consent agenda during agenda modifications. 15. OLD BUSINESS None. 16, NI~W BUSINESS 01.072A Authorize City Mana~ler to Execute Grant Award Agreement Between State of Florida Department of State Division of Historical Resources and City for Architectural and Engineering Services for Sebastian City Hall Buildina (Citv Manaoer Transmittal 2/19/01) The City Manager stated that City Council direction was to move forward with restoration efforts, however, there was no specific direction relative to a new City Hall at that time. He said he will be making a presentation in the near future as to possible uses of the building. MOTION by Majcher/Barczyk "1 make a motion to move to authorize the City Manager to execute the grant award agreement between the State of Florida, Department of State, Division of Historical Resources and the City of Sebastian, for architect construction documents for the rehabil Jral and engineering services required to develop ration of Sebastian City Hall Building." Regular City Council Meeting February 28, 2001 Page Seven ROLL CALL: Mr. Hill - aye Mayor Barnes - aye Mr. Bishop - aye Mr. Barczyk - aye Mr. Majcher - aye MOTION CARRIED 5-0 01.0~B Approve Expenditure of $_13,300 for Preparation of Construction Documents for Citv Hall Restoration - $6,800 to M, L. En~qineerinq of Vero Beach for Structural En(3ineerin(3 Services and ~6,600 to Wojcleszak & Associates, Inc. for Mechanical, Electrical and Air Conditionin(~ Work (Engineering Transmitta/ 2/21/01) MOTION by Bishop/Barczyk "1 move to approve the expenditure of $13,300 for preparation of construction documents and the restoration of the City Hall as follows: $6800.00 to M.L. Engineering of Vero Beach for structural engineering services; and $6500.00 to Wojcleszak & Associates, Inc. for mechanical, electrical and air conditioning work." ROLL CALL: Mayor Barnes - aye Mr. Bishop - aye Mr. Barczyk - aye Mr. Majcher - aye Mr. Hill - aye MOTION CARRIED 5-0 01.011 Approve Expenditure Not to Exceed $66,800 for Barber Street Sports Complex Skateboard Park - Reqan Masonry & Concrete, Inc. Not to Exceed $25,000 - Home Depot Various Materials Not to Exceed $25,000 and John Woodstock Skatelite Pro Material Not to Exceed 316,800 (Enqineerinc/ Transrnittal 2_221/01) The City Manager requested approval for purchase of materials and noted that Home Depot may offer a donation for some of the materials. He distributed a sample of the skatelite pro material. He said the project should take four to six weeks, The City Engineer advised that there are currently two separate concrete contracts and the Public Works Director noted that Regan will pour and City staff will form the concrete. MOTION by BarczyldMajcher "1 move to approve the expenditure not to exceed $66,800.00 as follows above for the construction of the Barber Street Sports Complex Skateboard Park: 1) Regan Masonry & Concrete, inc, Sebastian for concrete work at a cost not to exceed $25,000.00; 2) The Home Depot for various and sundry materials and items at a cost not to exceed $25,000.00; and 3) John Woodstock as the representative for "skateline pre" material at a cost of $16,800.00." ROLL CALL: Mr. Bishop - aye Mr. Barczyk - aye Mr. Majcher - aye Mr. Hill - aye Mayor Barnes - aye MOTION CARRIED 5-0 7 Regular City Council Meeting February 28, 2001 Page Eight O1.073 D. Approve Expenditure of ~;53,103.60 for[ Construction of Fleming Street Sidewalk/Bikepath Project by Camco Construction Of vero Beacht (Engineefino Transmittal 2/2~/01, Camco Estimate) r The City Engineer gave a brief report c~n the proposed bikepath route from Fleming to Orange and connecting with the Easy sidewaltdbikepath. Discussion took place on other suggested locations for sidewalks in the City such as Tulip/Laconia Street, Barber Street north of CR 512, and the issue of the area adjacent to GHO Homes development. It was noted that children do ride their bikes to the Golf Course. ~ MOTION by Majcher/Barczyk "1 move to approve the expenditure of $53,103.60 for con,,struction of the Fleming Street sidewalk/bikepath project by Camco COnstruction of Vero Beach.' ROLL CALL: Mr. Barczyk Mr. Majcher Mr. Hill Mayor Barnesi Mr. Bishop - aye - aye - aye - aye - aye MOTION CARRIED 5-0 01.018 F. Authorize City Manaqer to Execute thel Joint Participation A~eement Between Lions Club of Sebastian, Inc. and City for Fourth of J~ulv Festivities for Years 2001 throu(~h 2005 (City Manager Transmittal 2/21/0~, Proposed Aoreement) The City Manager briefly outlined the Provisions of the proposed agreement. TAPE II. SIDE II (9:27 p.m.) Jerry Osmundson, Lions Club of SebaStian, briefly addressed City Council. MOTION by Barczyk/Majcher "1 move to approve and author Agreement between the Lions Club of obligations in organizing and conductin through 2005." ze the City Manager to execute the Joint Project Sebastian, Inc. and the City of Sebastian, setting forth joint the traditional Fourth of July festivities for the years 2001 ROLL CALL: MOTION CARRIED 5-0 Mr. Majcher Mr. Hill Mayor Barnes Mr. Bishop Mr. Barczyk - aye - aye - aye - aye - aye Regular City Council Meeting February 28, 2001 Page Nine 01.074 G. 01.075 H. Resolution No. R-01-18 - Approve Metropolitan Planninq_Or_clanization Apportionment Plan (City Attorney Transmittal 2_/21/01, R-01~18, MPO Apportionment Plan) A RESOLUTION OF THE CITY OF SEBASTIAN, FLORIDA, ACCEPTING THE 2000 APPORTIONMENT PLAN OF THE iNDIAN RIVER COUNTY METROPOLITAN PLANNING ORGANIZATION. The City Attorney read Resolution No. R-01-18 by title and briefly advised that each agency has to approve the amended apportionment plan which would add an additional voting Sebastian member, and then the interlocal agreement will have to be amended. MOTION by Bishop/Barczyk 'TII move to adopt Resolution R-01-18." ROLL CALL: Mr. Hill - aye Mayor Barnes - aye Mr. Bishop - aye Mr. Barczyk - aye Mr. Majcher - aye MOTION CARRIED 5-0 Discuss Options for Citv Council Chambers AudioNisual Eauipment (City Clerk/City Mana. cler Transmittal, Proposals) The City Manager briefly explained proposals received by Craig Jerome, VBHS Audio/Visual Director; and Sebastian River High School Audio/Visual. He advised that staff will meet with Reginald Reynolds at Sebastian River High School later this week. It was the consensus of City Council to look into SRHS and keep it cost effective. Discussion took place on use of volunteers, obtaining a good character generator, and use of the equipment by other clubs/organizations. City Council members were advised to submit any further suggestions to staff. 17. Being no further business, Mayor Barnes adjourned the Regular Meeting at 9:40 p.m. Approved at the ,2000 Regular City Council Meeting. Walter Barnes Mayor Sally A. Maio City Clerk l,lll ~ HOME Of Pr~LiCAN ISLAND City of Sebastian, Florida Subject: Hole 11 & 17 Tee Relocation Runway 9 -27 Approved for Submittal by: Agenda No. L'~t- ~)~/ Department Origin: ~o~or Finance Director: ~ General Services Administrator: Date Submitted: For Aaenda of: March 14, 2001 Exhibits: Scope of work, price quote from Links Construction EXPENDITURE REQUIRED: $250,000 REMAINING BUDGET: APPROPRIATION REQUIRED: $250,000 SUMMARY As indicated in the previous City Council meeting, hole number eleven must be relocated in order to meet F.A.A. regulations regarding the opening of runway 9-27. Even though the runway will not immediately open, addressing this issue while the golf course will be closed for renovations would be a proactive stance on the part of the city, Originally a site was discussed wh/ch the LPA Group has determined unfeasible. The site would have conflicted with runway 9-22. The new proposed location, which has been determined feasible by the LPA Group, is located between number fourteen green and number fifteen tee. This area is an excellent area for an exciting, challenging, and aesthetic par three. The design of the new par three would incorporate several characteristics which include elevated tee boxes and adding a body of water which would generate the fill needed for the new hole. An elevated green approximately 6500 Square feet in size and two sand bunkers located at each side of the green would also compliment the hole. The new proposed location would require some cart path construction and clearing. The necessary work can be performed before the actual start of the renovation, as construction would not interfere with play of the course. Additionally, the future opening ofnmway 9-27 would create some changes to hole number seventeen. The changes to hole seventeen would include moving tees approximately twenty-five yards to the south, tree clearing, and cart path construction. The tree clearing involved would create hole seventeen playing through a "shoot" of trees, adding to the aesthetics of the hole. When Sebastian Golf Course has the planned grand opening, golfer curiosity and excitement will be ever-increased by the promise and challenge of a new par three, as well as by changes in the layout to hole number seventeen. The new par three would have the potential to be the "signature hole" of Sebastian Golf Course. The cost of building a new par three and relocating number seventeen green and tees will not exceed $250,000. REcoMMENDED ACTION Move to award change order # 1 to Links Construction to construct new golf hole and relocate number seventeen and green in the amount of $250,000 and appropriate $250,000 in Airport Funds for the project. LINKS CONSTRUCTION, INC. PROJECT COST BREAKDOWN SHEET PREPARED FOR THE CiTY OF SEBASTIAN ITEM/DESCRIPTION QUANTITY Mobilization ~ 1 Bond 1 Erosion Control 0 Clearing/Grubbing 5 Import Fill 24000 On-Site Excavation 24000 Rough Shaping 1 Finish Shaping 1 Greens Construction 6500 Bunker Construction 2700 Soil Amendments 1 Certified 419 Sprigs 1 Certified Tifdwaff Sprigs 6500 Certified 419 Sod 18000 Bahia Sod/Lake Banks 5000 Fumigation Drainage a. 4" solid ads pipe 360 b. 6" solid ads pipe 680 d. 12" Nyloplast Basins 8 e. Lake outfall ditch 1 Irrigation TOTAL CITY OF SEBASTIAN HOLE #11 RELOCATION UNIT UNIT PRICE ESi $ 5,000.00 L.Si $ 4,579.50 L.~ $ ACRiE $ 4,043.80 C.Y. $ .65 L.$I $12,250.00 L.S~ $11,300.00 S.F; $ 3.6O S.Fi $ 1.75 L.S, $ 2,100.00 L.S, $ 6,500.00 S.Fi $ 0.18 S.F; $ 0.32 S.F, $ 0.28 L.S~ $ - L,F'~ $ 4.OO L.F; $ 6.50 EACH $ 280.00 L.SI $ 2,000.00 L.Sl $ 3/7101 AMOUNT $ 5,000.00 $ 4,579.50 $ - $ 20,219.00 $ $ 39,600.00 $ 12,250.00 $ 11,300.00 $ 23,400.00 $ 4,725.00 $ 2,100.00 $ 6,500.00 $ 1,170.00 $ 5,76O.0O $ 1,400.00 $ $ 1,440.00 $ 6,806.50 $ 2,240.00 $ 2,000.00 $ 5O,49O.00 LINKS CONSTRUCTION, INC. PROJECT COST BREAKDOWN SHEET PREPARED FOR THE CITY OF SEBASTIAN CITY OF SEBASTIAN GOLF COURSE HOLE #17 RELOCATION ITEM/DESCRIPTION QUANTITY UNIT UNIT PRICE Bond 1 L.S. $ 1,835.00 Erosion Control 1 L.S. $ - Clearin.g/Grubbing 1 L.S. $12,000.00 Tree Relocation 16 EACH $ 150.00 Drainage Swale Relocation 1 L.S. $ 1,500.00 Import Fill 4670 C.Y. $ On-Site Excavation 0 C.Y. $ Rough Shaping 1 L.S. $10,500.00 Finish Shapin~ 1 L.S. $ 9,500.00 Greens Construction 60 S.F. $ 3.60 Bunker Construction 2700 S.F. $ 1.75 SoilAmendments 1 L.S. $ 1,900.00 Certified 419 Sprigs 1 L.S. $ 5,200.00 Certified Tifdwarf Sprigs 6000 S.F. $ 0.18 Certified 419 Sod 5000 S.F. $ 0.32 Irrigation 1 L.S. $ Relocate Irrigation Control 1 L.S. $ 500.00 TOTAL 3/7/01 AMOUNT $ 1,835.00 $ $ 12,000.00 $ 2,400.00 $ 1,500.00 $ $ - $ 10,500.00 $ 9,500.00 $ 21,600.00 $ 4,725.00 $ 1,900.00 $ 5,200.00 $ - $ 1,6oo.o0 $ $ 72,760.00 LINKS CONSTRUCTION, INC. PROJECT COST BREAKDOWN SHEET PREPARED FOR THE CITY OF SEBASTIAN 3/7/01 CITY OF S =_BASTIAN GOLF COURSE ALTERNA-E BID ITEMS ALTERNATE #1 The purpose of this item is to separate the cost involved in removal of existing, and construction of required new concrete cart paths associated with the relocation of two par three golf holes. Cost included in this item: a. subgrade compaction b. hand forming c. construction of two culvert pipe crossings d. placement of 1350 L.F. of 7' wide 3,000 lb concrete w/fiber on new Golf Hole #15 e. construction of 850 L.F. of 7' wide 3,000 lb concrete w/fiber from common area behind Golf Hole # 16 to tie-in point of # 18 cart path. , f. Removal and disposal of existing cart on Golf Hole # 17 TOTAL ALTERNATE #1 : $ 26,750.00 City of Sebastian, Florida OFFICE OF THE C1T5r ATTORNEY/X/ AGENDA TRANSMITTAL Agenda No. O//~07~ Subject: O-01-06; repeal of pension amendments Date Submitted: 3/08/01 For Agenda of: 3/14/01 SUMMARY: The Division of Retirement has expressed its concerns that Ordinance 0-99-38 creates uncertainty as to the status of the City's pension plan as either a statutory chapter plan or a local plan. Since the Division is of the further opinion that no ordinance changes were necessary to effectuate Chapter 99-1, Laws of Florida, the agreed course of action is to repeal 0-99-38 and remove all question. RECOMMENDED ACTION: Move to pass Ordinance O-01-06 on first reading and set a public hearing/~or Ma.rch 28, 2001. AUTHORIZED PLACEMENT ON AGENDA BY CITY MANAG[ER: J~/ A'''''''~ EXPENDITURE REQUIIUED: $0 AMOUNT BUDGETED: $0 APPROPRIATION REQUIRED: $0 ORDiNANCE NO. O-01-06 AN ORDiNANCE OF THE CiTY OF SEBASTIAN, FLORIDA, REPEALiNG ORDINANCE NO. O-99-38 (POLICE PENSION MODIFICATIONS); PROVIDING FOR AN EFFECTIVE DATE; PROVIDING FOR CONFLICTS~ WHEREAS, in 1989 the City of Sebastian instituted a Chapter 185 police pension plan; and WHEREAS, the legislative history of said pension plan, including each subsequent amendment thereto, has specifically stated the intention that said plan be a statutory chapter plan; and WHEREAS, City Code Section 58-54(f) provides that any provisions of the City Code inconsistent with a Chapter 185 plan shall not be given effect; and WHEREAS, Chapter 99-1, Laws of Florida, virtually rewrote the police pension law in the state of Florida and requires local govemment compliance with extensive minimum pension standards; and, WHEREAS, under the provisions of said Chapter 99-1, local governments were required to adopt these minimum provisions by December 31, 1999, or lose a significant funding mechanism for its police pension plan; and WHEREAS,' in'response to said Chapter 99-1, the City adopted Ordinance'NO/ O-99-38, but the same did not include the most recent modifications to Chapter 185; and WItEREAS, unbeknownst to the city Council or staff, the DiviSion of Retirement had opined that no ordinance changes were required by the City of Sebastian to remain in compliance with Chapter 185 requirements; .. NOW, THE~FO~, BE IT. ORDAINED BY TltE CITY COUNCIL OF THE CITY OF SEBASTIAN, INDIAN RIVER COUNTY, FLORII)A, as follows: Section 1. That Ordinance No. 0-99-38 of the City of Sebastian, Florida is hereby repealed and declared void ab initio. The ordinance shall be given effect nunc pro tunc to the 15th day Section 2. of December, 1999. Section 3. CONFLICT. herewith are hereby repealed. All ordinances or parts of ordinances in conflict The foregoing Ordinance 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 Walter Barnes Vice-Mayor Ben A. Bishop Councilmember Joe Barczyk Councilmember James Hill Councilmember Edward J. Majcher,' Jn The Mayor thereupon declared this OrdinanCe duly passed and adopted this 28th day of March, 2001. CITY OF SEBASTIAN, FLORIDA ATTEST: Sally A. Maio, CMC City Clerk By: Walter Barnes, Mayor Approved as to form and legality for reliance by the City of Sebastian only: Rich Stringer, City Attorney