HomeMy WebLinkAbout10251998 City of Sebastian
1225 MAIN STREET [] SEBASTIAN, FLORIDA 32958
TELEPHONE (561) 589-5330 [] FAX (561) 589-5570
SEBASTIAN CITY COUNCIL
AGENDA
REGULAR MEETING
WEDNESDAY, OCTOBER 28, 1998 - 7:00 P.M.
CITY COUNCIL CHAMBERS
1225 MAiN STREET, SEBASTIAN, FLORIDA
ALL AGENDA ITEMS MA Y BE INSPECTED IN THE OFFICE OF THE CITY CLERK
- 1225 MAINSTREEI; SEBASTIAN, FLORIDA
Individuals will address the City Council with respect to agenda items immediately before deliberation of the item by the Cite Council- limit often
minutes per speaker (R.97.21)
1. CALL TO ORDER
2. PLEDGE OF ALLEGIANCE
3. INVOCATION/MOMENT OF SILENCE
4. ROLL CALL
5. AGENDA MODIFICATIONS (ADDITIONS AND/OR DELETiOBj~
Items not on the written agenda may be added only upon a tm*jority vote of City Council members (R-97-21)
6. I'~OC~AMATIONS. ANNOUNCEMENTS AND/OR PRESENTATIONS
98.008 A. Presentation of Certificate - Louis Nicolini - Board of Adjustment
98.055 B. Proclamation - Conunending Keep Indian River Beautiful Boaters and Anglers Committee
7. CITY ATTORNEY MATTERS
8. CITY MANAGER MATTERS
98.183
98.092
10.
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
c~t agenda items unless a member of CiO~ Council so requests; in wldch event, the item will be removed attd acted upon separately.
A. Approval of Minutes - 10/14/98 Regular Meeting, 10/21/98 Special, 10/21/98 Workshop
PUBLIC HEARING
Procedures for public hearings: (R-97-21)
· Mayor Opens ltearing
· Attorney Reads Ordinance or Resolution
° StaffPresentation
o Public Input - Limit ofTen Minutes Per Speaker
· StaffSummation
o Mayor Closes Hear#tg
° Council Action
Anyone Wishing to Speak is Asked to Sign Up Before the Meeting, When Called, go to the Podium and State Name for the Record
Second Reading, Public Hearing and Final Adoption of Ordinance No. 0-98-15 - Amending
1997/1998 Fiscal Year Budget (Finance Director Transmittal 10/22/98, 0-98-15)
AN ORDINANCE OF THE, CITY COUNCIL OF THE CITY OF SEBASTIAN, INDIAN RIVER COUNTY, FLORIDA,
AMENDING THE BUDGET FOR THE FISCAL YEAR BEGINNING OCTOBER 1, 1997 AND ENDING SEPIEMBER
30, 1998; DETERMINING AND FIXING THE AMOUNTS NECESSARY TO CARRY ON THE GOVERNMENT FOR
THE FISCAL YEAR; DETERMINING THE AMOUNT OF APPLICABLE FUNDS ON HAND; ESTIMATING RECEiPTS
FOR THE GENERAL FUND, EXHIBIT "A'; CDBG FUND, EXHIBIT "B"; DEBT SERVICE FUND, EXHIBIT "C";
GOLF COURSE FUND, EXHIBII "D"; AIRPORT FUND, EXHIBIT "E"; CEMETERY TRUST FUND, EXHIBIT "F";
LAW ENFORCEMENT CONFiSCATED/ABANDONED TRUST FUND, EXHIBII "G"; LAW ENFORCEMENI
EDUCATION TRUST FUND, EXHIBIT "H"; PUBLIC SAFETY EMPLOYEE TRUST FUND, EXHIBIT 'T'; GENERAL
GOVERNMENT EMPLOYEE TRUST FUND, EXHIBIT "J'; PROVIDING FOR SEVERABILITY; PROVIDING FOR
CONFLICTS; AND PROVIDING FOR AN EFFECTIVE DATE. (lst Reading 10/14/98, Advertised Legal 10/16/98, PH
10/28/98)
Second Reading, Public Hearing and Final Adoption of Ordinance No. 0-98-16 - Amending
1998/1999 Fi_~cal Year Budget (Finance Director Transmittal 10/22/98, O-98-16)
AN ORDINANCE OF THE CiTY C(.)UNCIL OF TIIE CITY OF SEBASTIAN, INDIAN RIVER COUNTY, FLORIDA,
A_MENDING THE BUDGET FOR IH]E. FISCAL YEAR BEGINNING OCTOBER 1, 1998 AND ENDING SEPTEMBER
30, 1999; DETEIhMININO AND FIXING TIlE AMOUNTS NECESSARY IO CARRY ON THE GOVERNMENT FOR
THE ENSUING YEAR; DEIERMININO IHE AMOUNT OF APPLICABLE FUNDS ON HAND; ESiIMATINO
RECEIPTS FOR THE GENERAL FUND, EXHiBiT "A'; CDBG FtJND, EXHiBII "B"; DEBT SERVICE FUND,
EXHIBrr "C"; GOLF COURSE FUND, EXHIBIT "D"; AIRPORT FUND, EXHIBIT "E"; CEMETERY TRUST FUND,
EXHIBIT "F"; LAW ENFORCEMENT CONFISCATED/ABANDONED TRUST FUND, EXHIBIT "O"; LAW
ENFORCEMENT EDUCATION TRUST FUND, EXHIBIT "H'; PUBLIC SAFETY EMPLOYEE TRUST FLrND,
EXHIBIT 'T'; GENERAL GOVERNMENT EMPLOYEE TRUST FIJND, EXHIBIT "J'; PROVIDING FOR
SEVERABILITY; PROVIDING FOR CONFLICTS; AND PROVIDING FOR AN EFFECTIVE DATE. (lst Reading
10/14/98, Adverlised Legal 10/16/98, PH 10/28/98)
INTRODUCTION OF N~EW BUSINESS FROM THE PUBLIC
Item that bas occurr~;d or was discovered within tilt: previous six months which is not otherwise on lite agenda - sign-up
required - limit often minutesjbr eaclt speaker
2
12. COMMITTEE REPORTS/RECOMMENDATIONS
98.095
98.191
98.192
98.089
98.001
13.
14.
Tree Advisory Board
1. Interview and Appoint One Regular Member Unexpired Term to Expire 4/2000 (City Clerk
Transmittal 10/19/98, One Application, Member List, Ad)
OLD BUSINESS - NOlle
~NEW BUSINESS
First K~ngtjng of Orclir~aocc No. Q-98-! 8 Corlcl~rr~n~:7 Lvlanngemcot - $~ ~od R~oding and Public
Hearing for 11 / 18/98 (Growth Management Transmittal, 10/21/98, 0-98-18)
AN ORDINANCE OF Tt-~ CiTY OF SEBASTIAN, iNDIAN RIVER COUNTY, FLORIDA, AMENDING THE CITY OF
SEBASTIAN'S LAND DEVELOPMENT CODE BY CREATING ARTICLE IX, CONCURRENCY MANAGEMENT,
STATING PURPOSE AND INTENT, PROVIDING CONSISTENCY WITH THE CITY'S COMPREHENSIVE PLAN,
PROVIDING FOR DEFINITIONS, PROVIDING FOR APPLICABILITY AND EXEMPTIONS, ESTABLISH]NO
CRITERIA FOR CONCURRENCY AND FINAL DEVELOPMENT ORDERS, ESTABLISH[NO CONCURRENCY
ADMINIS~ON, ESTABLISHING CAPACITY RESERVATION, ESTABLISHING ADOPTED LEVEL OF SERVICE
STANDARDS, ESTABLISI-IING METHODOLOGY FOR DETERMINING DEMANDS ON CONCURRENCY
FACILYFIES, ESTAI3LISHING DETER.MINATION OF AVAILABLE CAPACITY; PROVIDING FOR SEVERABILITY;
PROVIDING FOR RESOLUTION OF CONFLICTS; PROVIDING FOR AN EFFECTIVE DATE.
Bo
First Reading of Ordinance No. 0-98-19 Charter Amendment - Set Second Reading and Public
Hearing for 11/18/98 (City Manager Transmittal 10/22/98, O-98-19)
AN ORDINANCE OF THE CITY OF SEBASTIAN, INDIAN RIVER COUNTY, FLORIDA, SCHEDULING AN
ELECTION TO SUBMIT A REFERENDUM ISSUE TO THE ELECTORATE IN ORDER TO AMEND ARTICLE IV OF
THE CITY CHARTER TO PROVIDE FOR A PROCEDURE TO RESOLVE TIES IN ELECTIONS FOR OFFICE;
PROVIDING FOR THE MANNER IN WHICH SUCH ELECTION SHALL BE CONDUCTED; PROVIDING THE TIME
AND PLACES FOR HOLDING SUCH ELECTION; ESTABLISHING THE FORM OF THE BALLOT FOR SUCH
ELECTION; DIRECTING THE CITY CLERK TO PROVIDE THE SUPERVISOR OF ELECTIONS WITH A COPY OF
THE ORDINANCE; PROVIDING FOR PUBLIC NOTICE OF SUCH ELECTION; AND PROVIDINO FOR AN
EFFECTIVE DATE.
First Reading of Ordinance No. O-98-10 Code Enforcement - Set Second Reading and Public
[-[~ring for [ I / 18/98 (City Manager Transmittal 10/22/98, 0-98-10~
AN ORDINANCE OF THE CITY OF SEBASTIAN, INDIAN RIVER COUNTY, FLORIDA, AMENDING A PORTION
OF CHAPIER 2, ARTICLE Vi, DIVISION 2, OF TIlE CODE OF ORDINANCES, PERTAINING TO TIlE CODE
ENFORCEMENT BOARD; PROVIDINO FOR THE RECOVERY OF ALL COSTS INCURRED IN PROSECUTINO
CASES BEFORE THE CODE ENFORCEMENT BOARD AND PROVIDING FOR THE ISSUANCE OF CODE
ENFORCEMENT CITATIONS; PROVIDING FOR TIlE ENFORCEMENI OF STATUTES REGULATING
CONTRACTING WITHOUT A LICENSE; PROVIDING FOR REPEAL OF ORDINANCES OR PARTS OF
ORDINANCES IN CONFLICT HEREWITH; PROVIDINO FOR CODIFICATION; PROVIDING FOR SEVERABILITY;
AND PROVIDING FOR AN EFFECTIVE DATE.
Adopt Resolution No. R-98-47 - Cable Franchise Extension to 12/31/98 (City M~.n_og~r_.Tr_~$.mittal
10/22/98.
A RESOLUTION OF THE CY£Y COUNCIL OF TI-IE CITY OF SEBASTIAN, FLORIDA, GRANTING AN EXTENSION
OF AN EXISTING NON-EXCLUSIVE CABLE TELEVISION FRANCHISE FOR A MAXIMUM OF SIXTY DAYS
UNLESS ADDITIONAL TIME IS EXTENDED BY PASSAGE OF AN ADDITIONAL RESOLUTION OF THE CITY
COUNCIL; PROViDING FOR THE RETROACTIVE COLLECTION OF ANY FRANCHISE REVENUE; AND
PROVIDING FOR AN EFFECTIVE DATE.
3
98.026/
Eo
Approve Supplemental Agreement with Kimley-Hom and Associates, Inc. for Barber Street Bridge
Design Over Elkcam Waterway in the Amount of $30,000 (Public Works Transmittal 10/19/98,
Exhibit 2 Scope of Services)
98.193
Approve Purchase of Vacumn Truck from Indian River County Utilities in the Amount of $25,000
(Public Works Transmittal 10/20/98, Budget Approval Request, Letter to IRC)
98.194
Approve Purchase of Seven Police Department Replacement Vehicles - Four Chevrolet Lumina
Patrol Cars (q~ $20,089 Each and Two Jeep Cherokee SUVs ~ $19,899 Each and One Dodge
intrepid (~ $17,488 - FSA/FCA Statewide Bid #98-06-0914 (Police Chief Transmittal 10/14/98,
Bid Award Ammtmcement)
98.025
Ho
Approve C.R. McLellan A~mual Culvert Contract First Quarter Expenditure of $110,973.20 (Public
Works Transmittal 10/20/98, Work Orders 1-8)
98.195
Award Bid for Golf Course Landscaping project to Northside Nursery, Ft. Pierce in the Amount of
$7,516.25 (Purchasing Transmittal 10/16/98, Drawing Inserted in Book)
98.157
Approve Second Amendment to Agreement with St. Jolms River Water Management District for
Development and Implementation of Surface Water Drainage Management Plan (Public Works
Transmittal 10/21/98, SJRWMD Letter)
15. CITY COUNCIL MATTERS
16.
B.
C.
D.
E.
Mayor Ruth Sullivan
Vice Mayor Martha Wininger
Mrs. Louise Cartwright
Mr. Chuck Neuberger
Mr. Larry Paul
ADJOURN (All meetings shall adjourn at lO:30 p. m. unless extended for up to one half hour by a
majority vote of City Counci0
ANYPERSON WHO DECIDES TO APPEAL ANY DECISION MADE BY TIlE CITY COUNCIL WITIt RESPECT TO ANY MATTER CONSIDERED AT
THIS MEETING (OR HEARING) WILL NEED A RECORD OF TItE PROCEEDINGS AND MAY NEED 70 ENSURE THAT A VERBATIM RECORD
OF THE PROCEEDINGS IS MADE, WtlICtl RECORD INCLUDES THE TESTIMONY AND EVIDENCE UPON WtlICIt THE APPEAL IS TO BE
HEARD. (286.0105ES.)
IN COMPLIANCE WITH THE A~4ERICANS WITH DISABILITIES ACT (ADA), ANYONE WHO NEEDS A SPECIAL ACCObiMODATION FOR THIS
MEETING SHOULD CONTACT TtlE CITY'S ADA COORDINATOR AT.589-5330 AT LEAST 48 HOURS IN ADVANCE OF THIS MEETING.
Hearing, Assistance Headphones are Available in the Council Chambers for all Government Meetings.
Upcoming Me~tio. g~
· PublicForum - Thursday, October 29, 1998 (~ 7pm
· Regular Meeting- Wednesday. November 4, 1998 ([.~ 7pm
· Workshop (CLUP) - Thursday, November 12, 1998 (~ 7pm
· RegularMeeting - Wednesday, November 18. 1998 (~ 7pm
· RegularMeeting - Wednesday, December 2, 1998 (~ 7pm
· RegularMeettng ~ Wednesday, December 16 1998 (aD., 7pm
4
PUBLIC HEARING SIGN-UP SHEET
98.183 A.
Second Reading. Public Hearing and Final Adoptio, of Q.r~jll.anc¢ No. O-98-15 - Amending
1997/1998 Fiscal Ye0g ]3~I~lggt (Finance Director Transmittal 10/22/98. O-98-1,5.~
AN ORDINANCE OF THE CITY COUNCIL OF THE crrY OF SEBASTIAN, INDIAN RIVER COUNTY, FLORIDA, AMENDING
THE BUDGET FOR THE HSCAL YEAR BEGINNING OCTOBER I, 1997 AND ENDING SEPTEMBER 30, 1998;
DETERMINING AND FIXING THE AMOUNTS NECESSARY TO CARRY ON THE GOVERNMENT FOR THE FISCAL YEAR;
DETERMINING THE AMOUNT OF APPLICABLE FUNDS ON HAND; ESTIMATING RECEIPTS FOR THE GENERAL FUND,
EXHIBIT "A'; CDBG FUND, EXHIBIT "B"; DEBT SERVICE FUND, EXHIBIT "C"; GOLF COURSE FUND, EXHIBIT "D';
AIRPORT FUND, EXHIBIT "E"; CEMETERY TRUST FUND, EXHIBIT "Iv'; LAW ENFORCEMENT
CONFISCATED/ABANDONED TRUST FUND, EXHIBIT "G"; LAW ENFORCEMENT EDUCATION TRUST FUND, EXHIBIT
"Ii"; PUBLIC SAFETY EIVIPLOYEE TRUST FUND, EXHIBIT 'T'; GENERAL GOVERNMENT EMPLOYEE TRUST FUND,
EXHIBIT "J'; PROVIDING FOR SEVERABILITY; PROVIDING FOR CONFLICTS; AND PROVIDING FOR AN EFFECTIVE
DATE. (lst Reading 10/14/98, Advertised Legal 10/16/98, PH 10/28/98)
Name
Address
Nanle
Address
Name
Address
Nanle
Address
Name
Address
PUBLIC HEARING SIGN-UP SHEET
98.092 B.
Second Reading. P2il. blic H¢afing and Final Adoption of Ordinan!~ 1',19,. O-gg-16 - Amending
1998/1999 Fiscal Year Budget (Finaoq0 Director Transmittal 10/22/98, 0-98-16)
AN ORDINANCE OF THE CITY COUNCIL OF THE CiTY OF SEBASTIAN, INDIAN RIVER COUNTY, FLORIDA, AMENDING
TIlE BUDGET FOR THE FISCAL ,YEAR BEGINNING OCTOBER 1, 1998 AND ENDING SEPTEMBER 30, 1999;
DETERMINING AND FIXING THE AMOUNTS NECESSARY TO CARRY ON TIlE GOVERNMENT FOR THE ENSUING
YEAR; DE 'TERMINING THE AMOUNT OF APPLICABLE FUNDS ON HAND; ESTIMATING RECEIPTS FOR THE GENERAL
FUND, EXHIBIT "A'~, CDBG FUND, EXHIBIT "B'; DEBT SERVICE FUND, EXI-ffBIT "C"; GOLF COURSE FUND, EXHIBIT
"D"; AIRPORT FUND, EXHIBIT "E"; CEMETERY TRUST FUND, EXHIBIT "F"; LAW ENFORCEMENT
CONFISCATED/ABANDONED TRUST FUND, EXHIBIT "O"; LAW ENFORCEMENT EDUCATION TRUST lffJND, EXHIBIT
"H"; PUBLIC SAFETY EMPLOYEE TRUST FUND, EXHIBIT 'T'; GENERAL GOVERNMENT EMPLOYEE TRUST FUND,
EXHIBIT "J"; PROVIDINO FOR SEVERABILITY; PROVIDING FOR CONFLICTS; AND PROVIDING FOR AN EFFECTIVE
DATE. (lst Reading 10/14/98, Advertised Legal 10/16/98, PH 10/28/98)
Salne
Ad&ess
Name
Address
$~e
Ad&ess
Name
Ad&ess
Name
Address
INTRODUCTION OF NEW BUSINESS
FROM THE PUBLIC
SIGN-UP SHEET
"New Business" as used herein, is defined as an item that has occurred
or was discovered within the previous six months
OCTOBER 28, 1998 REGULAR MEETING
USE THIS FORM ONLY FOR INTRODUCTION OF NEW BUSINESS NOT OTHERWISE ON THE
PREPARED AGENDA - LIMIT OF 10 MINUTES PER SPEAKER
Address:
Subject:
!
Name:
Address:
Subject:
Name:
Address:
Subject:
Name:
Address:
Subject:
Name:
Address:
Subject:
Name:
Address:
Subject:
City of Sebastian
122§ Main Street I~ Sebastian, I=lovida 32958
Telephone (§61) 589-§33013 Fax (561) §89-5570
E-Mail: cityseb@iu.net
SEBASTIAN CITY COUNCIL
MINUTES
REGULAR MEETING
WEDNESDAY, OCTOBER 28, 1998 - 7:00 P.M.
CITY COUNCIL CHAMBERS
1225 MAIN STREET, SEBASTIAN, FLORIDA
2.
3.
4.
Mayor Sullivan 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
City Council Present:
Mayor Ruth Sullivan
Vice Mayor Martha Wininger
Mrs. Louise Cartwright
Mr. Chuck Neuberger
Mr. Larry Paul
~taffPrcsent:
City Manager, Thomas Frame
City Attorney, Rich Stringer
City Clerk, Kathryn O'Halloran
Growth Management Director, Tracy Hass
Public Works Director, Terry Hill
City Engineer, Martha Campbell
Police Captain, David Puscher
Deputy City Clerk, Sally Maio
[egular City Council Meeting
ctober 28, 1998
Page Two
98.008
98.055
AGENDA MODIFICATIONS (ADDITIONS ~/OR DELETIONS)
Items not on the written agenda may be added on~ upon a majorRy vote of Cify Council members (R-97-21)
None.
PROCLAMATIONS, ANNOUNCEMENTS AND/OR PRESENTATIONS
A. Presentation of Certificate - Louis Nicolini - Board of A~ustment
Mayor Sullivan presented a certificate to Louis Nicolini. Mr. Nicolini thanked City Council for his
appointment to the Construction Board.
B. proclamation - Commending Keep ltl~li~n River Beautiful Boaters and AnglersCo~ttee
Mayor Sullivan presented a proclamation to Keep Indian River Beautiful Boaters and Anglers
Committee representative, Ruth Davies, who submitted coastal cleanup results.
CITY ATTORNEY MATTER~
The City Attorney reported an administrative appeal had been received on the Robert Taylor, Angler's
Obsession Code Enforcement ease.
CITY MANAGER MATTERS
The City Manager addressed the following items:
1. Announced a 1.1% increase in the City's gas tax revenues
2. County agreed to turn over Filbert Street but wants deed to Station 8, however, said it was discovered
the city does not own property and it is currently in the name of the rescue squad. He recommended
the City Attorney and County Attorney discuss the matter.
3. Repor~l on discussions with Indian River County, Wesley Davis and a private property owner
regarding right-of-way access from the Davis property to County property on Bailey Drive
4. Recommended a program to get sponsors for landscaping medians on US 1 and requested authority
to solicit sponsors. Council concurred.
5. Distributed a report on a proposed skateboard park and requested authority to establish a task team
to come up with a recommendation for the Recreation Advisory Board and Council. Council
concun'ed.
6. Distributed a proposed cable franchise ordinance and requested a workshop at 6 pm on November
18, 1998, followed by a first reading at the regular meeting. Council concun'ed, however, Mrs.
Cartwright said she was unable to attend, and Mr. Paul said he may not be there.
egular City Council Meeting
etober 28, 1998
Page Three
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 unleas a member of Ci(v Council so requests; in which event, the item will be removed and acted upon separately.
A. Approval of Minutes - 10/14/98 Regular Meeting, 10/21/98 Special, 10/21/98 Workshop
The City Manager read the consent agenda.
Mayor Sullivan removed the 10/14/98 page circle 12 to note missing names on thc last motion. The
City Clerk will correct.
MOTION by Sullivan/Neuberger
I would move approval of the minutes of the 10/14/98 as amended, regular meeting of
10/21/98, and the workshop of 10/21/98.
VOICE VOTE on the motion carried 5-0.
10.
PUBLIC HEARING
Procedures for public hearings: (R-97-21)
o Mayor Opens Hearing
· Attorney Reads Ordinance or Resolution
· StaffPresentation
· Public Input - Limit ofTen Minutes Per Speaker
· StaffSummation
· Mayor Closes Hearing
° CouncilAction
Anyone Wishing to Speak is Asked to Sign Up Before the Meeting When Called, go to the Podium and State Name for the Record
98.183
Second Reading, Public H;arip, g and Finq] Aglopti0n of Ordinance No. O-98-15 - Amending
1997/1998 Fiscal Year B_udgct (firtatlce Director Transmittal 10/22/98, O-98-15)
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SEBASTIAN, INDIAN RIVER COUNTY, FLORIDA,
AMENDING THE BUDGET FOR THE FISCAL YEAR BEGINNING OCTOBER 1, 1997 AND ENDING SEPTEMBER
30, 1998; DETERMINING AND FIXING THE AMOUNTS NECESSARY TO CARRY ON THE GOVERNMENT FOR
THE FISCAL YEAR; DETERMINING THE AMOUNT OF APPLICABLE FUNDS ON HAND; ESTIMATING RECEIPTS
FOR THE GENERAL FUND, EXHIBIT "A"; CDBG FUND, EXHIBIT "B"; DEBT SERVICE FUND, EXHIBIT "C';
GOLF COURSE FUND, EXHIBIT "D'; AIRPORT FUND, EXHIBIT "E"; CEMETERY TRUST FUND, EXI-I]BIT "F';
LAW ENFORCEIVfE31T CONFISCATED/ABANDONED TRUST FUND, EXI-ffB1T "G"; LAW ENFORCEMENT
EDUCATION TRUST FUND, EXHIBIT "H'~, PUBLIC SAFETY EMPLOYEE TRUST FUND, EXHIBIT 'T'; GENERAL
GOVERNlvlENT EMPLOYEE TRUST HRqD, EXHIBIT "ii"; PROVIDING FOR SEVERABILITY; PROVIDING FOR
CONFLICTS; AND PROVIDING FOR AN EFFECTIVE DATE. (lst Reading 10/14/98, Advertised Legal 10/16/98, PH
10/28/98)
Mayor Sullivan opened the public hearing at 7:35 p.m. and the City Attorney read Ordinance No.
O-98-15 by title. The City Manager gave a brief presentation.
There being no public input, Mayor Sullivan closed the public hearing at 7:36 p.m.
egular City Council Meeting
ctober 28, 1998
Page Four
98.092 B.
MOTION by Cartwright/Paul
I move to adopt Ordinance 98-15.
ROLL CALL:
Mrs. Canwright
Mr. Neuberger
Mr. Paul
Mrs. Sullivan
Mrs. Wininger
- aye
- aye
- aye
- aye
- aye
MOTION CARRIED 5-0
SecondReading. Public Hearing and Final Adoption of Ordinance No. O-98-16 - Amending
1998/1999 Fiscal Year Budget (finance Director Transmittal 10/22/98, O-98-16)
AN ORDINANCE OF THE CITY COLrlqCIL OF THE CITY OF SEBASTIAN, INDIAN RIVER COUNTY, FLORIDA,
AMENDING THE BUDGET FOR THE FISCAL YEAR BEGINNING OCTOBER l, 1998 AND ENDING SEPTEMBER
30, 1999; DETERMINING AND FIXING THE AMOUNTS NECESSARY TO CARRY ON THE GOVERNMENT FOR
THE ENSUING YEAR; DETERMINING THE AMOUNT OF APPLICABLE FUNDS ON HAND; ESTIMATING
RECEIPTS FOR ~ GENERAL FUND, EXHIBIT "A'; CDBG FUND, EXHIBIT "B"; DEBT SERVICE FUND,
EXIqlBIT '~2'~, GOLF COURSE FUND, EXHIBIT "D'; AIRPORT FUND, EXHIBIT "E'~, CEMETERY TRUST YtJlqD,
EXHIBIT "F"; LAW ENFORCEMENT CONtISCATED/ABANIK)NED TRUST FUND, EXHIBIT "G"; LAW
ENFORCEMENT EDUCATION TRUST FLrlqD, EXHIBIT "IF'; PUBLIC SAFETY EMPLOYEE TRUST FUND,
EXHIBIT 'T'; GENERAL GOVERNMENT EMPLOYEE TRUST FUND, EXHIBIT "J"; PROVIDING FOR
SEVERABILITY; PROVIDING FOR CONFLICTS; AND PROVIDING FOR AN EFFECTIVE DATE. (1 st Reading
10/14/98, Advertised Legal 10/16/98, PH 10/28/98)
Mayor Sullivan opened the public hearing at 7:37 p.m. and the City Attorney read Ordinance No. O-98-
16 by title. The City Manager gave a brief presentation.
There being no public input, Mayor Sullivan closed the public hearing at 7:39 p.m.
MOTION by Cartwright/Paul
I move to adopt Ordinance 98-16.
ROLL CALL:
Mr. Neuberger - aye
Mr. Paul - aye
Mrs. Sullivan - aye
Mrs. Wininger - aye
Mrs. Cartwright - aye
MOTION CARRIED 5-0
4
~Regular City Council Meeting
October 28, 1998
Page Five
11.
INTROpUCTION 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
The following individuals addressed Council:
Ray Halloran, 754 South Fischer Circle, Sebastian.
The City Manager gave an update on the air quality of the police station and City Hall.
TAPE 1- SIDE II (7:48 p.m.)
12. COMMITTE]~ R~PORTS/RECOMMENDATIONS
98.095
Tree Advisory Bg~cl
1. ~t~ryicw and Appoint One Regular Member Unexpired Term to Exl~ire 4/200~ (City Clerk
Transmittal 10/19/98, One AppliCatioil, Member List, Ad)
City Council interviewed Danne Herlan.
MOTION by Cartwright/Sullivan
I move to appoint Danne Herlan regular member on the Tree Advisory Board, term to expire
4 of 2000.
VOICE VOTE on the motion carded 5-0.
13. OLI)_iIUSINESS - None
14. NEW BUSINESS
98.191
Ao
First Reading of Ordillall{:e No. 0-98-18 Concurren~ Management - Set Second Reading and_~gloli~
Heating for 11/18/98 (Growth Management Transmittal. Iff/21/98, O-98-18)
AN ORDINANCE OF THE CITY OF SEBASTIAN, INDIAN RIVER COUNTY, FLORIDA, AMENDINO THE CITY OF
SEBASTIAN'S IAdqD DEVELOPMENT CODE BY CREATING ARTICLE IX, CONCURRENCY MANAGEMENT,
STATINO PURPOSE AND INTElqT, PROVIDING CONSISTENCY WITH THE CITY'S COMPREHENSIVE PLAN,
PROVIDING FOR DEFINITIONS, PROVIDING FOR APPLICABILITY AND EXEMPTIONS, ESTABLISHING
CRITERIA FOR CONCURRENCY AND FINAL DEVELOPMENT ORDERS, ESTABLISItlNG CONCURRENCY
ADIvliNISTRATION, ESTABLISHING CAPACITY RESERVATION, ESTABLISHIlqG ADOPTED LEVEL OF SERVICE
STANDARDS, ESTABLISHING METHODOLOOY FOR DETFJLMININO DEMANDS ON CONCURRENCY
FACILmES, ESTABLISHING DETERMINATION OF AVAILABLE CAPACITY; PROVIDING FOR SEVERABILITY;
PROVIDINO FOR RESOLUTION OF CONFLICTS; PROVIDING FOR AN EFFECTIVE DATE.
The City Attorney read Ordinance No. O-98-18 by title only.
egular City Council Meeting
ctober 28, 1998
Page Six
MOTION by Cartwright/Wininger
I move to accept the fa'st reading of Ordinance 98-18 and set the public hearing and second
reading for November 18, 1998.
ROLL CALL:
Mr. Paul - aye
Mrs. Sullivan - aye
Mrs. Wininger - aye
Mrs. Cartwright - aye
Mr. Neuberger - aye
MOTION CARRIED 5-0
98.192
F~t Reading of Ordinance No. 0-98-19 Charter Amendment - Set Second Reg~ng Md Public
Hearingfor 11/18/98 (Cil~ M~ager Tiansmittal 10/22/98, O-98-19)
AN ORDINANCE OF THE CITY OF SEBASTIAN, INDIAN RIVER COUNTY, FLORIDA, SCHF_,DULiNG AN
EIJ~TION TO SUBMIT A ~IJM ISSUE TO THE ELECTORATE IN ORDER TO AMEND ARTICLE IV OF
THE CITY CHARTER TO PROVIDE FOR A PROCEDURE TO RESOLVE TIES IN ELECTIONS FOR OFFICE;
PROVIDING FOR THE MANNER IN WHICH SUCH ELECTION SHALL BE CONDUCTED; PROVIDING THE TIME
AND PLACES FOR HOLDING SUCH ELECTION; ESTABLISHING THE FORM OF THE BALLOT FOR SUCH
ELECTION; DIRECTING THE CITY CLERK TO PROVIDE THE SUPERVISOR OF ELECTIONS WITH A COPY OF
THE ORDINANCE; PROVIDING FOR PUBLIC NOTICE OF SUCH ELECTION; AND PROVIDING FOR AN
EFFECTIVE DATE.
The City Attorney read Ordinance No. 0-98-19 by title only.
There was discussion on defining "lot", however the majority of Council had no problem with the
current wording. It was recommended the ordinance be held for the Charter Review Committee.
MOTION by Cattwright/Paul
I move to accept the first reading of Ordinance 98-19 and set the second reading and public
hearing for November 18, 1998.
ROLL CALL:
Mrs. Sullivan - aye
Mrs. Wininger - nay
Mrs. Cartwright - aye
Mr. Neuberger - nay
Mr. Paul - aye
MOTION CARRIED 3-2 (Wininger, Neuberger - nay)
6
)egular City Council Meeting
cml>er 28, 1998
Page even
98.089 C.
98.oo~ D.
FirstReadi~..oJ' Ordinance No. 0-98-10 Code Enforcement - Set Sccolld l~colling and Public
Hearing for 11/18/98 (City Manager Transmittal 10/22/98, O-9~-!0)
AN ORDINANCE OF THE CITY OF SEBASTIAN, INDIAlq RIVER COIJlqTY, FLORIDA, AMENDING A PORTION
OF CHAPTER 2, ARTICLE VI, DMSION 2, OF THE CODE OF ORDINABICES, PERTAINING TO THE CODE
ENFORCEMENT BOARD; PROVIDING FOR THE RECOVERY OF ALL COSTS INCIJRRED IN PROSECUTING
CASES BEFORE THE CODE ElqFORC~ BOARD AND PROVIDING FOR THE ISSUANCE OF CODE
ENFORCEaMENT CITATIONS; PROVIDING FOR THE ENFORCEMENT OF STATUTES REGULATING
CONTRACTING WITHOUT A LICENSE; PROVIDING FOR REPEAL OF ORDINANCES OR PARTS OF
ORDINANCES IN CONFLICT HEREWITH; PROVIDING FOR CODIFICATION; PROVIDING FOR SEVERABIL1TY;
AND PROVIDING FOR AN EFFECTIVE DATE.
The City Attorney read Ordinance No. O-98-10 by title only.
The City Manager reviewed revised pages 6 and 7 which he had distributed at this meeting (see
attached). He said he will bring the matter of Code Attorney MacWilliam's contract to the Council
at the next regular meeting.
The City Attorney, in response to concerns expressed by Council relative to inconsistent references
to "Code Enforcement Officer" and "Code Enforcement Inspector", definition of"reasonable time",
and references to "special master", advised that he would clean up the ordinance.
MOTION by Neuberger/Wininger
I move approval of Ordinance 0-98-10 as amended and revised and cleaned up and set the
heating date for November 18, 1998.
ROLL CALL:
Mrs. Wininger - aye
Mrs. Cartwfight - aye
Mr. Neuberger - aye
Mr. Paul - aye
Mrs. Sullivan - aye
MOTION CARRIED 5-0
Adopt Resolllljoll No. R-98-47 - Cable Fxanchj~e E;~tension to 12/31/98 (City Manager Transmittal
10/22/98, R-98-47)
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SEBASTIAN, FLORIDA, GRANTING AN EXTENSION
OF AN EXISTING NON-EXCLUSIVE CABLE TELEVISION FRANCHISE FOR A MAXIMUM OF SIXTY DAYS
UNLESS ADDITIONAL TIME IS EXTENDED BY PASSAGE OF AN ADDITIONAL RESOLUTION OF THE CiTY
COUNCIL; PROVIDING FOR THE RETROACTIVE COLLECTION OF ANY FRANCHISE REVENUE; AND
PROVIDING FOR AN EFFECTIVE DATE.
The City Manager reiterated that there will be a November 18, 1998 workshop on the cable
ordinance at 6 pm.
oRegular City Council Meeting
ctober 28, 1998
Page Eight
MOTION by Wininger/Cartwright
I'll move to approve Resolution R-98-47 extending the franchise of Falcon Cable to
December 31, 1998.
The City Attorney read Resolution No. Ro98-47 by title.
ROLL CALL:
Mrs. Cartwfight - aye
Mi-. Neuberger - nay
Mr. Paul - aye
Mrs. Sullivan - aye
Mrs. Wininger - aye
MOTION CARRIED 4-1 (Neubergcr - nay)
Mayor Sullivan called recess at 8:25 p.m. and reconvened the meeting at 8:38 p.m. All members
were present.
98.026/
98.172
Approve Supplemental Agreement with Kiml~-Horn and Associates, Inc. for Barber Street BriOge
Design Over Elkcam Waterway in the Asllount of $30,000 (Public Works Transmittal 10/19/98.
I~xhjbit 2 Scope of Services)
MOTION by Cartwfight/Paul
I move to approve the Supplemental Agreement with Kimley-Horn for $30,000.
ROLL CALL:
Mr. Neuberger - aye
Mr. Paul - aye
Mrs. Sullivan - aye
Mrs. Wininger - aye
Mrs. Cartwright - aye
MOTION CARRIED 5-0
98.193
Approve Purchase of Vacuum T~¢k l'tom Indian River County Utilities in the Amount of $25,000
(Public Works Transmit~tll 10/20/98, Budget Approval Request. Lel~r tO IRC)
MOTION by Paul/Cartwright
I move to authorize the expenditure of $25,000 to Indian River County Utilities for the
purchase of the vacuum truck as budgeted.
ROLL CALL: Mr. Paul - aye
Mrs. Sullivan - aye
Mrs. Wininger - aye
Mrs. Cartwright - aye
Mr. Neuberger - aye
MOTION CARRIED 5~0
oR~gular City Council M~ting
ctober 28, 1998
Page Nine
98.194 G.
Api;)rove Purchase of Seveq. Polj~ D~l~artment Replacement Vehicles - Four Chevrolet Lumina
Patrol Cars @ $20,089 Each and Two Jeep Cherokee SUVs ~ $19~899 ~i)(:h ~nd One Dodge
Intrepid ~ $I7,488 - FSA/FCA Statewi~l~ t3id #P8-06-0914 (Police Chief Transmittal 10/14/98,
13id Award Announcemen0
Captain Puseher addressed City Council.
TAPE II - SIDE I (: 53 p.m.
Discussion continued on the bidding, reason for deletion of ABS brakes, need for five year extended
warranties, the possibility of purchasing Crown Victoria's rather than Luminas, and using a vehicle
impounded by the Sheriff for the unmarked car.
The City Manager recommended deferring the matter for attendance by Chief White.
MOTION by Wininger/Neuberger
I would move to postpone action on the purchase of the vehicles for one week until the
questions Mr. Neuberger has raised can be answered.
VOICE VOTE on the motion carried 5-0.
98.025 H.
~l;)prove C.R. McLellan Annual Culvert Contract First Quarter Expqllditlti'~: of $ ! 10,973.20 (Public
Works Transmittal 10/20/~)8. ~9rk Orders 14)
MOTION by CartwrighffPaul
I move to authorize the first quarter expenditure of $110,973.20 for the annual culvert
replacement contract to C.R. McLellan.
ROLL CALL:
Mrs. Wininger - aye
Mrs. Cartwright - aye
Mr. Neuberger - aye
Mr. Paul - aye
Mrs. Sullivan - aye
MOTION CARRIED 5-0
98.195 I.
Award Bid for Golf (3Ourse Landscaping project t~ bIorthside Nursery, Ft. Pierce in the Amount of
$-7,516.25 (Purchasing Transmittal 10/16/98, Drawing Inserted in Book)
The City Manager described the proposed landscape area and said ISS prepared the design.
9
Regular City Council Meeting
October 28, 1998
Page Ten
It was recommended that loblolly bay be used rather than areca palms because the palms are not cold
hardy. It was also recommended that this item go before the Tree Advisory Board, and that oleander
not be used.
MOTION by Cartwright/Paul
I move to reject the bids for the Golf Course landscaping project and authorize staffto nm
the plan by the Tree Advisory Board and rebid.
VOICE VOTE on the motion carried 5-0.
98.157
Jo
Approve Second Amendment to Agreement with St. Johns River Water Management Distr~t fo$
]~velopment and Imol~mentation of Surface Water Drainage Management P!all (public Works
Tran~litt~l 10/21/98, SJRWMD Letter)
The City Attorney suggested requesting a new contract due to the fact that it was signed incorrectly
by St. Johns. It was suggested that the City Attorney also approve and sign the contract.
MOTION by Cartwright/Nenberger
I move to authorize the City Manager to execute the amended agreement once reviewed and
ROLL CALL:
Mr. Neuberger - aye
Mr. Paul - aye
Mrs. Sullivan - aye
Mrs. Wininger - aye
Mrs. Cartwright - aye
MOTION CARRIED 5~0
15, CITY CO]~)]~CIL MATTERS
A. Ma.vOj' Ruth Sullivan
None.
B. Vice Mayor Matl~ Wininger
Expressed concern for damage to Schumann bikepath caused by County trucks when water
lines were installed. She recommended an agreement whereby they repair damage and
establishment of a system for inspection. The Public Works Director said the CounW has
agreed to repair the damage.
10
~Regular City Council Meeting
October 28, 1998
Page Eleven
C. Mrs. Louis~ Cartwfi~t
Announced the Halloween parade on Saturday, October 31, 1998
D. Mr. Chqck Neul~rg~r
Discussed the Schumann sidewalk damage
Discussed letters he had received regarding activity at the airport
Asked for an update on his request for information on downtime on yellow mowers. The
City Manager said he will meet with the City Attorney on the matter.
Said he had received calls about police volunteers speeding
E. Mr. Larry Paul
Requested that Council members receive County agendas again
Asked again that donation of city computers to the Chamber of Commerce be placed on the
next agenda. The City Manager said he would do so.
16. Being no further business, Mayor Sullivan adjourned the Regular Meeting at 9:37 p.m.
,1998, Regular City Cotmcil Meeting.
Ka~. 0 halloran, CMC/AAE
City Clerk
Mayor
11
City of Sebastian
1225 MAIN STREET g SEBASTIAN, FLORIDA 32958
TELEPHONE (561) 589-5330 [] FAX (561) 589-5570
SEBASTIAN CITY COUNCIL
AGENDA
QUARTERLY OPEN FORUM
THURSDAY, OCTOBER 29, 1998 - 7:00 P.M.
CITY COUNCIL CHAMBERS
1225 MAIN STREET, SEBASTIAN, FLORIDA
1. CALL TO ORDER
2. PLEDGE OF ALLEGIANCE
3. ROLL CALL
4. QPENFORUM
The informal open forum provides an opportunity for members of the public to make presentations to the City
Council on timely (having occurred within the last six months) issues appropriate to the City. Presentations
offive minutes will be allowed, however, the time may be extended to ten minutes if time allows by a majority
vote of City Council. Personal attacks on staff or Council will not be allowed. Sign-up sheets will be
available prior to the meeting and sign-up will be required. City Council will not take action on any matter
at the forum.
5. ADJOURN
ANY PERSON WHO DECIDES TO APPEAL ANY DECISION MADE BY TIlE 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 PROCEEDINGS IS MADE, WHICH RECORD INCLUDES TItE TESTIMONY AND EVIDENCE UPON WHICH THE APPEAL
IS TO BE HEARD, (286.0105F. 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 OF THIS MEETING.
QUARTERLY OPEN FORUM
SIGN-UP SHEET
OCTOBER 29, 1998
The informal open forum provides an opportunity for members of the public to make presentations to the City
Council on timely (having occurred within the last six months) issues appropriate to the City. Presentations
of five minutes will be allowed, however, the time may be extended to ten minutes by a majority vote of City
Council, if time allows. Personal attacks on staff or Council will not be allowed. Sign-up sheets will be
available prior to the meeting and sign-up will be required. City Council will not take action on any matter
at the forum. /I , 'l /~. )
~ : .. ' , ~ ~ ',r- .~,,~_. ~ ~_,~,
Address. , '~' ,,. .~ , ,_ .~ .1 ~/~
· -' · ' ' ' ' X~" ' ' · ,'? .... ' -'
-' ...... , o~,,.,. ' .-~... ,,,7~,, , --~-: .':" -'~-'-~-,~m"':,_:
.... -~:-'::"::: ...... ':~'~ ........ ............................ t,.~, ~
...................... ',.
Name:
Address:
Subject:
Address:
Subject:
Name:
Address:
Subject: