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HomeMy WebLinkAbout11181998 City of $¢basti . 122§ Main Street D Sebastian, Florida 32958 T¢l~phon~ {561) 589-5330 0 F~ (561) 589-~570 E-Mail: ci~s~iu.net SEBAS~ ~ CO~ WO~HOP AG~A WEDNESDAY, NOVEMBER 18, 1998 - 6:00 P.M. CITY COUNCIL CHAMBERS 1225 MAIN STREET, SEBASTIAN, FLORIDA 3fo public input is a/lowed at a Workshop, unless approved by consensuz of Cit~ Council at the beginning of the Worl~hop. ~ubstantive decisio~ may not be made at Y/orkahop~ (in accordance with R-97-21). I. CALL TO ORDER 2. PLEDGE OF ALLEGIANCE 3. ROLL CALL 4. WORKSHOP ITEMS 98.001 A. Propos:d Cable Franchise Ordinanc~ No. 0-98-21 (Proposed Ordinance is in Regular Meeting Pack¢0 ADJOURN ANY PERSON FfHO DECIDES TO APPE~ ANY DECISION MADE BY TttE CITY COUNC. IL P/1TH RF_~PECT TO ANY MATTER CONSIDERED AT THIS MEETING (OR HEARING) IYILL N~r~ A RECORD OF THE P~INGS AND MAY 3f~t~ TO F_3~URE TH.4TA FERBA~I RECORD OF THE PRO~R~r)INGS IS M~DE, ~iICH RECORD INCLUDES THE TESTI~ONY AND EFID~C~ UPOlf tFttI~ TI~ APPEAL IS TO BE HF_.ARD. (2S6.OIOS F3.) IN C034PLtANCE I~ITH THE A34ERiC.~S ~/ITH DISAB~ ACT (AD~ ), ANYONE t~HO N~DS A SPECIAL ACCO~vtODATION FOR THIS MI~-b?TING SHOULD CONTA CT THE CITY '$ ADA COORDINATOR Al' 589-5330 AT LEA.VI' 48 HOURS IN ADVANCE OF THIS bIF_.ET1NG. Hearing Assistance Headphones are Available in Council Chambers for all Government Meetings. City of Sebastian 1225 MAIN STREET [] SEBASTIAN, FLORIDA 32958 TELEPHONE (561) 589-5330 n FAX (561) 589-5570 SEBASTIAN CITY COUNCIL WORKSHOP MINUTES WEDNESDAY, NOVEMBER 18, 1998 - 6:00 P.M. CITY COUNCIL CHAMBERS 1225 MAIN STREET, SEBASTIAN, FLORIDA Mayor Sullivan called the Workshop to order at 6:00 p.m. The Pledge of Allegiance was recited. ROLL CA]~ (~ilY I~0uncil Present: Mayor Ruth Sullivan Vice Mayor Martha Wininger Mrs. Louise Cartwright Mr. Chuck Neuberger Mr. Larry Paul (arrived 6:55 p.m.) StaffPresent: City Manager, Thomas Frame City Attorney, Rich Stringer City Clerk, Katlmdn O'Halloran Deputy City Clerk, Sally Maio Council Workshop ovember 18, 1998 ge Two 98.001 WORKSHOP ITEM~ Ao Proposed Cable F.l'gtlchise Ordinance No. O-98-21 (Propg,scd Ordinance is in Regular Meeting Packet) Review of the proposed cable ordinance took place with Ken Vickers, Falcon Cable, in attendance to respond to questions from Council and offer his recommendations. He said Falcon's comments will be submitted no later than November 30, 1998. As a result of the review the following changes were made: (changes are listed in page order rather than in the order in which they were made at the meeting) P. ag~ Line 2 38 3 41 3 44 4 l 4 15-17 7 42 8 17-26 13 7 16 16 25 41-46 28 44 30 23 App 2 4 App 7 14 App 10 16 App 21 12 App 22 3 App 25 19 App 29 5-11 Item add "existing or subsequent" before "amendment" add "Franchisee" in parentheses after "Grantee" add "Franchisor" in parentheses after "Grantor" change "or" to "of" strike out "any revenues otherwise classified as Non-cable Service revenue (as described below) under federal or state law or" change "Grantor" to "Grantee" add language referencing federal law renewal notice requirement in paragraph A insert "or fiber optic" after "coaxial" change "thirty (30)" to "sixty (60)" strike all and replace with "in the minimum of $5,000,000 general aggregate" change "Safety Harbor" to "Sebastian" add "execution of the franchise agreement" after "Grantee's" insert "a minimum of" between to and two insert "total" after "months" change "arTe" to "are to be" change "ail" to "all" correct "150" change to "1 1/2" pro-rate one day for every 12 hours of no service seek occurrences of "economically feasible" for its use pCaity Council Workshop ovember 18, 1998 ge Thr~ 5. Mayor Sullivan adjourned the workshop at 7:03 p.m. due to the scheduled regular meeting to follow. This item was continued at the regular meeting under New Business as the first reading of Ordinance No. 0-98-21, which was subsequently tabled to December 2, 1998. Approved at the ~,~L~~,~, ~ City Cle~'k ,1998, Regular City Council Meeting. Mayor 3 City of Sebastian 1225 MAIN STREET [] SEBASTIAN, FLORIDA 32958 TELEPHONE (561) 589-5330 o FAX (561) 589~5570 SEBASTIAN CITY COUNCIL AGENDA REGULAR MEETING WEDNESDAY, NOVEMBER 18, 1998 - 7:00 P.M. CITY COUNCiL CHAMBERS 1225 MAIN STREET, SEBASTIAN, FLORIDA ALL AGENDA ITEMS MAY BE INSPECTED IN THE OFFICE OF THE CITY CLERK - 1225 MAINSTREET, SEBASTIAN, FLORIDA Individuals shall address the CiO, Council with respect to agenda items immediate~y prior to deliberation of the item by the CiO, Council - limit often minutes per speaker (R-97-21) 2. 4. 5. CALL TO ORDER PLEDGE OF ALLEGIANCE INVOCATION/MOMENT OF SILENCE ROLL CALL AGENDA MODIFIC3~TIONS (~DOITIONS AND/OR DELETIONS) Items not on the written agenda may be added on~ upon majority vote of City Council members (R-97-21) PROCLAMATIONS. ANNO[INCEMENT.~ AND/OR PRESENTATIONS CITY ATTORNEY MATTERS CITY MANAGER MATTERS 98.200 98.201 98.093A 98.054 98.191 10. ~:O_N$~NT AGENDA /4ll items on the consent agenda are considered to be routine and will be enacted by one motion. There will be no separate discussion of consent agenda items unless a member of City Council so requests; in which event, the item will be removed and acted upon separately. A. Approval of Minutes - 11/4/98 Regular Meeting Approve Proposal for Use of Sebastian River High School Shade House for Seedlings (City Manager Transmittal 11/9/98, Tree Board Report and Minutes, SRHS Letter) Co Thursday Night Bridge Group Request for Christmas Patty at Yacht Club with A/B During Regular Use - 12/3/98 - 6:30 pm to 10 pm - Age Verified (City Clerk Transmittal 10/30/98, Application) PUBLIC HEARING Procedures for public hearings: (R-97-20 · Mayor Opens Hearing · Attorney Reads Ordinance or Resolution ° StaffPresentation · Public Input - Limit oflOMlnutes Per Speaker · Staff Summation · Mayor Closes Hearing · CouncilAction Anyone Wishing to Speak is Asked to Sign Up Prior to the Meeo'ng, When Called go to the Podium and State Hix/Her Name.for the Record Ao Request Six Month Extension to Community Development Block Grant Contract (City Manager Transmittal 11/12/98, CRA Letter) B° ~;ecgllgl geading and Public Hearing of Ordinance No. O-98-01 - Col~rCh¢llfi¥C Land Use Plan Amendment (Growth M~agement Transmittal 11 / 10/98, 0-98 -01) Alq ORDINANCE OF THE CITY OF SEBASTIAN, INDIAN RIVER COUNTY, FLORIDA, ADOPTING AMENDMENTS TO THE CITY OF SEBASTIAN'S COMPREHENSIVE PLAN; PROVIDING FOR CODIFICATION; PROVIDING FOR SEVERABIL1TY; PROVIDING FOR RESOLUTION OF CONFLICTS; PROVIDING FOR AN EFFECTIVE DATE. (lst Reading & Transmittal Heating 3/4/98, Display Ad 11/11/98, Workshop 11/12/98, Final Heating 11/18/98) Co Second Reading and Public Heariag of Orc[inan~q No~ O-98-18 Concurrency Management (Growth Monagement Transmittal 10/29/98, O-98-18~ AN ORDINANCE OF THE CITY OF SEBASTIAN, INDIAN RIVER COUNTY, FLORIDA, AMENDING ~ CITY OF SEBASTIAN'S LAlq'D DEVELOPMENT CODE BY CREATING ARTICLE IX, CONCURRENCY MANAGEMENT, STATING PURPOSE AND INTENT, PROVIDING CONSISTENCY WITH THE CITY'S COMPREHENSIVE PLAlq, PROVIDING FOR DEFI/qITIONS, PROVIDING FOR APPLICABILITY AND EXEMPTIONS, ESTABLISHING CRITERIA FOR CONCURRENCY AND FINAL DEVELOPMENT ORDERS, ESTABLISHING CONCURRENCY ADMINISTRATION, ESTABLISHING CAPACITY RESERVATION, ESTABLISHING ADOPTED LEVEL OF SERVICE STANDARDS, ESTABLISHING METHODOLOGY FOR DETERMINING DEMANDS ON CONCURRENCY FAClIffrlES, ESTABLISHING DETERMiNATiON OF AVAILABLE CAPACITY; PROVIDING FOR SEVERABILITY; PROVIDING FOR RESOLUTION OF CONFLICTS; PROVIDING FOR AN EFFECTIVE DATE. (lst Reading 10/28/98, Legal Ad 11/4/98, Public Heating 11/18/98) 98.089 98.192 98.008 98.036 98.095 11. 12. Second Reading and Public Hearhlg of Ordjll~C No, 0-98-10 Code Enforcement (City Manager Transmittal 11/12/98. Q-~}8-10) AN ORDINANCE OF THE CITY OF SEBASTIAN, INDIAN RIVF~ COUNTY, FLORIDA, AMENDING A PORTION OF CHAPTER 2, ARTICLE VI, DMSION 2, OF THE CODE OF ORDINANCES, PERTAINING TO THE CODE ENFORCEMENT BOARD; PROVIDINO FOR THE RECOVERY OF ALL COSTS INCURRED IN PROSECUTINO CASES BEFORE THE CODE ENFORCEMENT BOARD AND PROVIDINO FOR THE ISSUANCE OF CODE ENFORCEMENT CITATIONS; PROVIDINO FOR THE ENFORCEMENT OF STATUTES REGULATING CONTRACTING WITHOUT A LICENSE; PROVIDINO FOR REPEAL OF ORDINANCES OR PARTS OF ORDINAlqCES IN CONFLICT HEREWITH; PROVIDING FOR CODIFICATION; PROVIDING FOR SEVERABILITY; AND PROVIDING FOR AN EFFECTIVE DATE. (1 st Reading 10/28/98, Legal Ad 11/4/98, Public Hearing 11/18/98) Eo Second Reading and Public Hearing of Orl:li0ance No. 0-98-19 Charter Amendment (City Manager Transmittal 11/12/98 ,.O-98-10) AN ORDINANCE OF THE CITY OF SEBASTIAN, INDIAN RIVER COUNTY, FLORIDA, SCHEDULING AN gl.gE:lION 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; PROVIDINO THE TIME AND PLACES FOR HOLDINO SUCH ELECTION; ESTABLISHING THE FORM OF THE BALLOT FOR SUCH I~.FCTION; DIRECTINO THE CITY CLERK TO PROVIDE THE SUPERVISOR OF ELECTIONS WITHA COPY OF THE ORDINANCE; PROVIDING FOR PUBLIC NOTICE OF SUCH ELECTION; AND PROVIDING FOR AN EFFECTIVE DATE. Oat Reading 10/28/98, Legal Ad 11/4/98, Public Hearing 11/18/98) INTRODUCTION OF NEW BUSINESS ]q~OM THE PUBLIC Item that has occurred or was discovered within the previous six months and which is not otherwise on the agenda - sign.up required - limit often minutes for each speaker COMMITTEE REPORTS/RECOMMENDATIONS A. [to_.~Cl 0fAc[justment (City Clerk Transmittal 11/4/98, One Application, Member List, Ad) Interview and Appoint Member as Follows: a. One Regular Member - Term to Expire 6/2001 B. Planning and Zoning Commissioo (City Clerk Transmittal 11/9/98, Five Applications, Member List, Ad) Interview and Appoint Members as Follows: a. One Regular Member - Term to Expire 11/1/2001 b. One Alternate Member - Term to Expire 11/1/2001 C. Tree Advisory Bolgd (City Clerk Transmittal 11/4/98, Letters) 1. Accept Resignations of Anne Putman and William Brognano 3 98.146 98.093B 98.197 98.001 98.202 98.203 98.204 13. 14. 15. OLD BUSJNESS - None NEW BUSINESS Barber Street Sports Complex - Florida Division of Recreation and Parks (FRDAP) Grant F9136 - Change "Storm Shelter" to "Pavilion" (Public Works Transmittal 11/6/98) Approve Change Order 2 with Ranger Construction in the Amount of $4,788.56 - Community Development Block Grant Project (Public Works Transmittal 11/5/98, CRA Letter 11/3/98, Change Order) Adopt Resolution No. R-98-49 - Rel~ealing R-9~-48 alad Approving Revised PBA Union Contract (City Manager Transmittal 11/12/98, R-98-49, Revised Contract) A RESOLUTION OF THE CITY OF SEBASTIAN, INDIAN RIVER COUNTY, FLORIDA, RATIFYINO THE AOREElVlENT WITH THE COASTAL FLORIDA POLICE BENEVOLENT ASSOCIATION, INC., FOR THE PERIOD FROM OCTOBER 1, 1998 THROUOH AND INCLUDINO SEPTEMBER 30, 2001; PROVIDINO FOR REPEAL OF RESOLUTIONS OR PARTS OF RESOLLrlIONS IN CONFLICT HEREWITH; AND PROVIDINO FOR AN EFFECTIVE DATE. Approve First Reading of Ordinance No. O-98-21 - Falcon Cable Media Ventures, Inc~ Franchise Agreement -~h~t~e Second Reading and Public Hearing for Dec. clxllo~r 16, 1998 (City Manager Transmittal 11/12/98, O-98-21) AN ORDINANCE OF THE CITY OF SEBASTIAN, FLORIDA, ORANTINO TO FALCON CABLE MEDIA VENTURES INCORPORATED TI-I~ PERMISSION TO OCCUPY MUNICIPAL STREETS AND RIGHTS-OF-WAY IN THE CITY OF SEBASTIAN', FLORIDA, AS A MEANS OF PROVIDING CABLE TELEVISION SERVICES; PRESCRIBINO THE TERMS AND CONDmONS ACCOMPANYINO THE GRANT OF FRANCHISE; AND PRESCRIBINO PENALTIES FOR THE ViOLATION OF ITS PROVISIONS; PROVIDINO FOR SEVERABILITY OF PROVISIONS; PROVIDINO FOR PUBLICATION IN ACCORDANCE WITH LAW; AND PROVIDINO FOR AN EFFECTIVE DATE. Reject Swale Regrading Bids and Authorize Staff to Rebid (City Manager Transmittal 11/12/98, Wagner Memo, McClelland Letter, City Manager Memo) Fo Police Department Facility Tile Flooring - Waive Bidding Procedures, Accept Quotes and Award Contract to Lowest Quote - Jemy Smith Tile, Inc. in the Amount of $6,920 (Purchasing Transmittal 11/12/98, Spaul Letter) Sebastian River Area Chamber of Commerce Santa Sail-In - Close Intersection of Main Street and US 1 on 12/4/98 6 pm to 8 pm and Use of Park at intersection on 12/4/98, 12/11/98, 12/12/98, 12/18/98 and 12/19/98 from 6 pm to 8 pm for Santa Photos and Refreshments (City Manager Transmittal 11/12/98, Chamber Letter) CITY COUNCIL MATTERS B. C. D. E. Mrs. Louise Cartwfight Mr. Chuck Neuberger Mr. Larry Paul Mayor Ruth Sullivan Vice Mayor Martha Wininger 4 16. ADJOURN (All meetings shall adjourn at lO:30 p. m. unless extended for up to one half hour by a majority vote of City Council) ANY PERSON WHO DECIDES TO APPEAL ANY DECISION MADE BY THE CITY COUNCIL WITH RESPECT TO ANY MATTER CONSIDERED AT THIS MEETING (OR HEARING) WILL NEED A RECORD OF THE PROCEEDINGS AND MAY NEED TO ENSURE THAT A VERBATI2~I RECORD OF THE PROCEEDINGS IS MADE, WttlCH RECORD INCLUDES THE TESTEVIONY AND EVIDENCE UPON WHICH THE APPEAL IS TO BE HEARD. (286.0105F.$.) IN CO~tPLIANCE WITH THE AA4ERICANS WITH DISABILITIES ACT (ADA), ANYONE WHO NEEDS A SPECIAL ACCOMgdODATION FOR THIS MEETING SHOULD CONTACT THE 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 Mqf~t;£$ ; · RegularMeeting - [Vednesday, December 2, 1998 (~ 7pm · RegularMeettng - Wednesday, December 16, 1998 {~ 7pm 98.093A PUBLIC HEARiNG SIGN-UP SHEET NOVEMBER 18, 1998 Request Six Month Extension to Community Development Block Grant Contract (City Manager Transmittal 11/12/98, CRA Letter) Name Ad&ess Nsme Ad&ess Name ~d&ess Name Ad&ess Name Ad&ess Name Ad&ess PUBLIC HEARING SIGN-UP SHEET NOVEMBER 18, 1998 98.054 B. Second Reading and Public Hearing of Ordinano~ No~ O-98-01 - Comprehensive Land Us~ Plan Amen~[/nent ((}~w~b Manage~nent Transmittal 11/10/98. O-98-01) AN ORDINANCE OF THE CITY OF SEBASTIAN, INDIAN RIVER COUNTY, FLORIDA, ADOPTING AMENDMENTS TO THE CITY OF SEBASTIAN'S COMPREHENSIVE PLAN; PROVIDINO FOR CODIFICATION; PROVIDINO FOR SEVERABILrrY; PROVIDINO FOR RESOLUTION OF CONFLICTS; PROVIDING FOR AN EFFECTIVE DATE. (1 st Reading & Transmittal Heating 3/4/98, Display Ad 11/11/98, Workshop 11/12/98, Final Hearing 11/18/98) Address Name Address Name Address Name Address Sal/l¢ Address Name 98.191 PUBLIC HEARING SIGN-UP SHEET NOVEMBER 18, 1998 C. ~;eeo~d Reading and Public Heariag of Ordinan~ Ng, Q-98-18 ConeurreneyManagemcnt (Growth Management Transmittal 10/29/98. O-98-J 8) AN ORDINANCE OF THE CITY OF SEBASTIAN, INDIAN RIVER COUNTY, FLORIDA, AMENDING THE CITY OF SEBASTIAN'S LAND DEVELOPMENT CODE BY CREATING ARTICLE IX, CONCLIRRENCY MANAGEMENT, STATING PURPOSE AND INTElqT, PROVIDING CONSISTENCY WITH THE CITY'S COMPREHENSIVE PLAN, PROVIDIN(} FOR DEFINITIONS, PROVIDINO FOR APPLICABILITY AND EXEMPTIONS, ESTABLISHINO CRITERIA FOR CONCURRENCY AND FINAL DEVELOPMENT ORDERS, ESTABLISHIN{3 CONCURRENCY ADMllqISTRATION, ESTABLiSHING CAPACITY RESERVATION, ESTABLISHINO ADOPTED LEVEL OF SERVICE STANDARDS, ESTABLISHING METHODOLOOY FOR DETER_MINING DEMANDS ON CONCURRENCY FACILITIES, ESTABLISHIN(} DETERMINATION OF AVAILABLE CAPACITY; PROVIDINO FOR SEVERABILITY; PROVIDIN(} FOR RESOLUTION OF CONFLICTS; PROVIDING FOR AN EFFECTIVE DATE. (lst Reading 10/28/98, Legal Ad 11/4/98, Public Hearing 11/18/98) Name Address Address ------~t~ ..................... ~t~~ ..................... ~m~--t~t~--~ ......................... Nal/le Address Nanle Address Name PUBLIC HEARiNG SIGN-UP SHEET NOVEMBER 18, 1998 98.089 D. Second R~gdi~ and Public Hearing of Ordinance No. O-98-1~ Qod¢ ~foreement (City Managcr Transm. jl~gtl_l 1/l 2/98. O-98-10) AN ORDINANCE OF THE CITY OF SEBASTIAN, IND~ RIVER COUNTY, FLORIDA, AMENDING A PORTION OF CHAPTER 2, ARTICLE VI, DIVISION 2, OF THE CODE OF ORDINANCES, FERTAIlqllqG TO THE CODE ENFORCEMENT BOARD; PROVIDING FOR THE RECOVERY OF ALL COSTS IIqCURRED IN PROSECUTING CASES BEFORE THE CODE ENFORCEMENT BOARD AND PROVIDING FOR THE ISSUANCE OF CODE ENFORCElVIENT CITATIONS; PROVIDING FOR THE ENFORCEMENT OF STATUTES REOULATING CONTRACTING WITHOUT A LICENSE; PROVIDING FOR REPEAL OF ORDINANCES OR PARTS OF ORDINANCES IN CONFLICT HEREWITH; PROVIDING FOR CODIFICATION; PROVIDING FOR SEVERABILITY; A_ND PROVIDIlqG FOR AN EFFECTIVE DATE. (lst Reading 10/:28/98, Legal Ad 11/4/98, Public H~ring 11/18/98) Name Ad&ess Name Ad&ess Naine Ad&ess Name Ad&ess Name Ad&ess 98.192 PUBLIC HEARING SIGN-UP SHEET NOVEMBER 18, 1998 E. Second Reading and Public Hearing of Otdinane~ No. O-98-1~9 Chaf~rAm~ndment (City Manager Transmittal 11/12/98, Q-95-10) AN ORDINANCE OF THE CITY OF SEBASTIAN, INDIAN RIVER COLrlqTY, FLORIDA, SCHEDULINO 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 FJ~FCTiON; DIRECTING THE CITY CLERK TO PROVIDE THE SUPERVISOR OF g-l.gK:TIONS WITH A COPY OF THE ORDINANCE; PROVIDING FOR PUBLIC NOTICE OF SUCH ELECTION; AND PROVIDING FOR AN EFFECTIVE DATE. (lst Reading 10/28/98, Legal Ad 11/4/98, Public Hearing I i/l 8/98) Noa-ne Address Name OAddress Address Name Address 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 NOVEMBER 18, 1998 REGULAR MEETING USE THIS FORM ONLY FOR INTRODUCTION OF NEW BUSINESS NOT OTHERWISE ON THE PREPARED AGENDA - LIMIT OF 10 347NUTES PER SPEAKER Name: Address: Subject: ...................... ........... Name: Address: Subject: Name: Address: Subject: Name: Address: Subject: Name: Address: Subject: Name: Address: Subject: City of Sebastian 122§/~ain 5~eet [~ Sebas'rian, Florida 329§8 Telephone (§61) §89-§330 ~n Fex (§61) §89-5§70 E-N~ail: cityseb~iu.net SEBASTIAN CITY COUNCIL MINUTES REGULAR MEETING WEDNESDAY, NOVEMBER 18, 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 7:05 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 Wimnger Mrs. Louise Cartwright Mr. Chuck Neuberger Mr. Larry Paul Staff Pre~nt: City Manager, Thomas Frame City Attorney, Rich Sixinger City Clerk, Kathryn O'Halloran Growth Management Director, Tracy Hass Public Works Director, Terry Hill City Engineer, Martha Campbell Deputy City Clerk, Sally Maio Regular City Council Meeting ovembcr 18, 1998 Page Two 98.200 98.201 o AGENDA MODIFICATIONS (ADDITIONS AND/OR DELETIONS} Items not on the written agenda may be added on~ upon majority vote of City Council members (R-97-21) Mr. Neuberger distributed a copy of Section 2-93 of the Code of Ordinances regarding disbursement of surplus city property and requested the matter be added to the agenda to have the City Attorney look into current city procedures. Mayor Sullivan seconded its placement on the agenda as item H. VOICE VOTE on the motion carried 5-0. PROCLAMATIONS, ANNOUNCEMENTS AND]DR PRESENTATIONS None. CITY ATTORNEY MATTERS The City Attorney reported on his discussion with Attorney Kevin MacWilliam regarding presentation of cases to Code Enforcement. He stated that he and Mr. MacWilliam were confident that staffcould now present most cases and that the City could proceed without hiring additional counsel at this time. CITY MANAGER MATTERS The City Manager stated that Joe Miller of CRA will do an inspection of the lights along Indian River Drive; and said he had provided information relative to internal investigations in the Police Department. CONSENT AGENDA All items on the consent agenda are considered to be routine and will be enacted by one motion. There will be no separate discussion of consent agenda items unless a member of City Council so requests; in which event, the item will be removed and acted upon separately. A. Approval of Minutes - 11/4/98 Regular Meeting B. Approve Proposal for Use of Sebastian River High School Shade House for Seedlings (City Manager Transmittal 11/9/98, Tree Board Report and Minutes, SRHS Letter) C. Thursday Night Bridge Group Request for Christmas Party at Yacht Club with A/B During Regular Use - 12/3/98 - 6:30 pm to 10 pm - Age Verified (City Clerk Transmittal 10/30/98, Application) The City Manager read the consent agenda. pRigular City Council Meeting ovember 18, 1998 ge Three Vice Mayor Wininger removed item A. MOTION by Paul/Wininger I'd like to move to approve items B and C on the consent agenda. VOICE VOTE on the motion carried 5-0. Discussion followed on charter officer evaluations as discussed at the November 4, 1998 regular meeting, however, no changes were made to the minutes. It was decided to approve the minutes and place an item on the next agenda to establish a policy for evaluations. MOTION by Wininger/Cartwright I would move to approve the minutes as is. VOICE VOTE on the motion carried 5-0. 10. pUBLIC HEARING Procedures for public hearings: (R-97-21) · Mayor Opens Hearing · AttorneyReads Ordinance or Resolution Staff Presentation , Public Input - Limit ofl 0 Minutes Per Speaker · StaffSumrnation · Mayor Closes Hearing · Council Action Anyone Wishing to Speak is Asked to Sign Up Prior to the Meeting, }~hen Called go to the Podium and State HiMtter Name.for the Record 98.093A Request Six Month Exten~0n to Communit7 Devgl0pment Block Grant Contra~g (City Manager Tr~$mittal 11/12/98, CRA Letter) The City Manager gave a brief presentation; Mayor Sullivan opened the public hearing at 7:24 p.m.; and, being no input, Mayor Sullivan closed the public hearing. MOTION by Cartwright/Sullivan I move to authorize the staffto request an additional six month extension to the CDBG grant. Discussion took place on concerns about the improvements and location of lights. The City Manager was asked to provide a copy of the inspection report. ROLL CALL: Mrs. Cartwright - aye Mr. Neuberger - aye Mr. Paul - aye Mrs. Sullivan - aye Mrs. Wininger - aye MOTION CARRIED 5-0 aRegular City Council Meeting ovember 18, 1998 ge Four 98.054 B. Second Reading llod Public Hearing of Ordinance No. O-98-01 - Comprehensive Land Use Plall Amendment (Orowth Management Trarl~rnittal 11/10/98, O-98-Q!) Alq ORDINANCE OF THE CITY OF SEBASTIAN, INDIAN RIVER COUNTY, FLORIDA, AIX)PTINO AMENDMENTS TO THE CITY OF SEBASTIAN'S COMPREHENSIVE PLAN; PROVIDINO FOR CODIlrlCATION; PROVIDIN(} FOR SEVERABILITY; PROVIDING FOR RESOLUTION OF CONFLICTS; PROVIDING FOR Alq EFFECTIVE DATE. (lst Reading & Transmittal Hearing 3/4/98, Display Ad 11/11/98, Workshop 11/12/98, Final Hearin$11/18/98) Mayor Sullivan opened the public hearing at 7:35 p.m.; the City Attorney mad Ordinance No. O-98-01 by title; and the City Manager gave a brief presentation. Tom Tempia, Solin and Associates, distributed the proposed comprehensive land use plan and plan pages reflecting changes made at the November 12, 1998 workshop. Mayor Sullivan requested that the City's Strategic Plan be made a part of the plan. Following a lengthy discussion, it was decided to include the plan as an Appendix to the Comprehensive Land Use Plan, and direct the City Attorney to draft a resolution for the December 2, 1998 regular meeting, stating that the plan is an appendix and establishing it as a policy of the City. TAPE I - SIDE II (7:50 p.m.) Carolyn Corum, 881 Dolores Street, Sebastian, expressed concern about reference to aquifer recharge areas; and the right-of-way through conservation area. Mayor Sullivan closed the public hearing at 8:10 p.m. MOTION by Cartwright/Neuberger I move to adopt Ordinance 98-01. ROLL CALL: Mr. Neuberger - aye Mr. Paul - aye Mrs. Sullivan - aye Mrs. Wininger - aye Mrs. Cartwright - aye MOTION CARRIED 5-0 paRegular City Council Meeting ovember 18, 1998 ge Five 98.191 C. Second Reading ~d Public Hearing of Ordinance No. 0-98-llt Concurrency Manag0me~lt £Orowth Management Transmittal 10/29/98, 0-98-18) AN ORDINANCE OF THE CITY OF SEBASTIAN, INDIAN RIVER COLrlqTY, FLORIDA, AMENDING THE CITY OF SEBASTIAN'S LAND DEVELOPMENT CODE BY CREATING ARTICLE IX, CONCURRE2qCY MANAGEMENT, STATING PURPOSE AND INTENT, PROVIDING CONSISTENCY WITH THE CITY'S COMPREHENSIVE PLAN, PROVIDINO FOR DEFINITIONS, PROVIDING FOR APPLICABILITY AND EXEMPTIONS, ESTABLISHING CRITERIA FOR CONCURRENCY AND FINAL DEVELOPMENT ORDERS, ESTABLISHINO CONCURRENCY ADMINISTRATION, ESTABLISHINO CAPACITY RESERVATION, ESTABLISHINO ADOPTED LEVEL OF SERVICE STANDARDS, ESTABLISHINO METHODOLOGY FOR DETERMINING DEMANDS ON CONCLrlLRENCY FACRiTIF.$, ESTABLISHINO DETERMINATION OF AVAILABLE CAPACITY; PROVIDING FOR SEVERABILITY; PROVIDINO FOR RESOLUTION OF CONFLICTS; PROVIDINO FOR AN EFFECTIVE DATE. Oat Reading 10/28/98, Legal Ad 11/4/98, Public Hearing 11/18/98) The City Attorney read Ordinance No. O-98-18 by rifle; Mayor Sullivan opened the public hearing at 8:11 p.m.; and the City Manager gave a brief presentation. The City Attorney recommended adding a sentence on page 6, "Credit may only be utilized on development contained to parcel on which it originated or on a parcel contiguous to and under ownership with the original parcel." Mayor Sullivan closed the public heating at 8:14 p.m. It was noted that "Commission" should be "Council" on the table on page 17. MOTION by CartwrighffPaul I move to adopt Ordinance 98-18 as amended. ROLL CALL: Mr. Paul - aye Mrs. Sullivan - aye Mrs. Wininger - aye Mrs. Cartwfight - aye Mr. Neuberger - aye MOTION CARRIED 5-0 Mayor Sullivan called recess at 8:16 p.m. and reconvened the meeting at 8:28 p.m. All members were present. Regular City Council Meeting November 18, 1998 Page Six 98.089 D. 98.192 E. Sec~lld Reading and Public Heaxillg of Ordinance NOL 0-98-10 (2ode Enforcement (City Manager Transmittal 11/12/98, O-98-10) AN ORDINANCE OF THE CITY OF SEBASTIAN, INDIAN RIVER COUNTY, FLORIDA, AMENDING A PORTION OF CHAPTER 2, ARTICLE VI, DMSION 2, OF THE CODE OF ORDINANCES, PERTAINING TO THE CODE ENFORCEMENT BOARD; PROVIDING FOR THE RECOVERY OF ALL COSTS INCURRED IN PROSECUTING CASES BEFORE THE CODE ENFORCEMENT BOARD AND PROVIDING FOR THE ISSUANCE OF CODE ENFORCEMENT CITATIONS; PROVIDING FOR THE ENFORCEMENT OF STATUTES REGUI_~TINO CONTRACTING WITHOUT A LICENSE; PROVIDING FOR REPEAL OF ORDINANCES OR PARTS OF ORDINANCES IN CONFLICT HEREWITH; PROVIDING FOR CODIFICATION; PROVIDING FOR SEVERABILITY; AND PROVIDING FOR AN EFFECTIVE DATE. (lst Reading 10/28/98, Legal Ad 11/4/98, Public Hearing 11/18/98) The City Attorney mad Ordinance No. O-98-10 by title; Mayor Sullivan opened the public heating at 8:30 p.m.; and the City Manager gave a brief presentation. The City Attorney reviewed the minor changes he had made since first reading. Mayor Sullivan closed the public heating at 8:35 p.m. MOTION by Paul/Cartwfight I move to approve Ordinance O-98-10. ROLL CALL: Mrs. Sullivan - aye Mrs. Wininger - aye Mrs. Cartwfight - aye Mr. Neuberger - aye Mr. Paul - aye MOTION CARRIED 5-0 Sccond Reading and Public Hearing of Ordinance No, O-D~t-19 Charter Amendment (CiB' Manager Transmittal 11/12/98,0-98-10) 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 ~I.FI2TION; 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. (lst Reading 10/28/98, Legal Ad 11/4/98, Public Hearing 11/18/98) The City Attorney mad Ordinance No. O-98-19 by title; Mayor Sullivan opened the public heating at 8:37 p.m.; and the City Manager gave a brief presentation. Mayor Sullivan closed the public hearing at 8:38 p.m. pRigular City Council Meeting ovember 18, 1998 ge Seven 98.008 11. 12. MOTION by Cartwright/Paul I move to adopt Ordinance 98-19. ROLL CALL: Mrs. Wininger - nay Mrs. Cartwright - aye Mr. Neuberger - aye Mr. Paul - aye Mrs. Sullivan - aye MOTION CARRIED 4-1 (Wininger - nay) INTRODUCTION OF NEW BUSINESS FROM TH~ pUBLIC Item that has occurred or was discovered within the previous six months and which is not otherwise on the agenda - sign-up required - limit often minutes for each speaker Don Smith, 208 Poinciana Street, Sebastian, offered a brief eulogy in honor of J.W. "Tommy" Thompson. COMMITTEE REPORTS/RECOMMENDATIONS Mr. Paul gave a report on the Treasure Coast Regional Planning Council, stating that Sebastian will be a voting member in December. A. Board of Acljustment (City Cl~rk Transmittal 11/4/98, One Application, Member List, Ad) Interview and Appoint Member as Follows: a. One Regular Member - Term to Expire 6/2001 City Council interviewed Andrew Allocco. MOTION by SullivaWCartwright I would move appointment of Mr. Allocco for the Board of Adjustment position term to expire 6/2001. ROLL CALL: Mrs. Cartwright - aye Mr. Neuberger - aye Mr. Paul - aye Mrs. Sullivan - aye Mrs. Wininger - aye MOTION CARRIED 5-0 pR~gular City Council M~ting ovcmber 18, 1998 ge Eight B. Planning and Zoning C011amission (City Clerk Txanjnlittal 11/9/98, 5 Applications, Member List. Ad) 98.036 1. Interview ~nd Appoint Members as Follows: City Council interviewed Dale Kuveikis, Scott Mat}ds, TAPE II - SIDE I (8:50 p.m.) and Charles Roth. The other applicants were not present. a. One Regular Member - T~rm to Expire 11/1/2001 MOTION by Paul/Cartwright I'd like to move for the main position on P & Z, I'd like to move Scott Mathis. VOICE VOTE on the motion carried 5-0. b. One Alternate Member - Term to Expire 11/1/200l MOTION by Neuberger/Sullivan I'd like to nominate William Mahoney for the second position. 98.095 C. 13. ROLL CALL: Mrs. Sullivan - aye Mrs. Wininger - aye Mrs. Cartwright - nay Mr. Neuberger - aye Mr. Paul - nay MOTION CARRIED 3-2 (Cartwright, Paul - nay) Tree Advisory Board (City Clerk Transmittal 11/4/98, Letters) 1. Accept Resignatiolls of Anne Putman andWil!jam Brognano MOTION by Wininger/Neuberger I move to accept resignations of Anne Putman and William Brognano fi.om the Tree Advisory Board with regret. VOICE VOTE on the motion carried 5-0. ~)LD BUSINESS - None 8 igular City Council Meeting ovember 18, 1998 ge Nine 14. NEW BUSINESS 98.146 A. Barber Street SpOrt~ Complex - Florida Divisi00 ot'Re~reation and Parks ~RDAP) G-rant F9136 - !~bange "Storm Shelter" to "pavilion" (Public Works TrqnsIIljttal 11/6/98) The City Manager said he would take the pavilion concept to the Recreation Committee. MOTION by Cartwright/Paul I move to authorize the City Manager to delete "Storm Shelter" and add "Pavilion" to the FDRAP contract for Barber Street Sports Complex after review by our Recreation Committee. VOICE VOTE on the motion carried 5-0. 98.093B B. Approve Change Order 2 with Ranger Construction in the Amount of $4,788.56 - Community Development ]~lock Grant Project (Public Works Transmittal 11/5/98, ~gA Letter 11/3/98, Change Order) Following discussion, the City Attorney said he would look at the contract provisions and report back. MOTION by Sullivan/Neuberger I would move to table this to the next meeting. The City Attorney was requested to look at the unspecified time extension. VOICE VOTE on the motion carried 5-0. 98.197 C. Adopt Resolution No. g-98-49 - Repealing R-98-48 and Approving Revised PISA Union Contract (City Manager Transmittal 11/12/98, R-98-49, Revised Contrac0 A RESOLUTION OF THE CITY OF SEBASTIAN, IND~ RIVER COUNTY, FLORIDA, RATIFYINO THE A(}KEEMElqT WITH THE COASTAL FLORIDA POLICE BENEVOLENT ASSOCIATION, INC., FOR THE PERIOD FROM OCTOBER 1, 1998 THROUGH AND INCLUDING SEPTEMBER 30, 2001; PROVIDING FOR REPEAL OF RESOLUTIONS OR PARTS OF RESOLUTIONS IN CONFLICT HEREWITH; AND PROVIDING FOR AN EFFECTIVE DATE. The City Manager gave a brief explanation of revisions. MOTION by CartwrightdNeuberger I move to approve the collective bargaining agreement and adopt Resolution 98-49. Typos were noted on page 41- paragraph 5 (change to counsel) and page 45 paragraph A. (change to weather). 9 aRegular City Council Meeting ovember 18, 1998 ge Ten ROLL CALL: Mrs. Cartwright Mr. Neuberger Mr. Paul Mrs. Sullivan Mrs. Wininger - aye - aye - aye - aye - aye MOTION CARRIED 5-0 98.001 Do Approve First Reajing of Ordinance No. 0-98-21 - Falcon Cable Media Ventures. I~¢. Franchise Agreement - Schedule Second Reading and Public Hearing for December 1~., 1998 (City Manager Transmittal 11112/9~, O-98-21) AN ORDINANCE OF THE CITY OF SEBASTIAN, FLORIDA, GRANTING TO FALCON CABLE MEDIA VENTURES INCORPORATED THE PERMISSION TO OCCUPY MUNICIPAL STREETS AND RIGHTS-OF-WAY IN THE CITY OF SEBASTIAN, FLORIDA, AS A MEANS OF PROVIDING CABLE TELEVISION SERVICES; PRESCRIBING THE TERMS AND CONDITIONS ACCOMPANYING THE GRANT OF FRANCHISE; AND PRESCRIbiNG PENALTIES FOR THE VIOLATION OF ITS PROVISIONS; PROVIDING FOR SEVERABILITY OF PROVISIONS; PROVIDING FOR PUBLICATION IN ACCORDANCE WITH LAW; AND PROVIDING FOR AN EFFECTIVE DATE. The City Attorney read Ordinance 0-98-21 by title. Review of the cable ordinance continued from the workshop held prior to this meeting. Revisions made at the November 18, 1998 workshop are attached to these minutes. Additional changes made at this meeting were as follows:(changes are listed in page order rather than in the order in which they were made at the meeting) TAPE II - SIDE II (9:37 p.m.) 4 4 10 10 18 23 24 24 27 Appendix 1 Appendix 31 Appendix 31 Line 1 4 31 33 32 21 11-12 9 24 4 10 11 change "or" to "of' insert "duly authorized" before "officer,....." Mr. Vickers asked that "activated" be replaced with "analog", however the City Manager said the word "capable" should nullify any immediacy Emergency override should be in control of IRC EMS add "business" after "(10)" change "semis" to "terms" change sentence to "Following submissions pursuant to the Subsection (F) (3), approval by the City Council shall not be unreasonably withheld and will be acted upon within 90 days of their delivery by Grantee." correct "653" correct "Enforceability" Mr. Vickers noted "86 analog channels" when he had agreed to 84 correct "ordinance" reference that this is also in accordance with Florida Statutes 10 Regular City Council Meeting ovember 18, 1998 Page Eleven TAPE III - SIDE I (10:22 p.m.) Mr. Vickers noted: · the correct company name is "Falcon Cable Media, a California Limited Partnership" · an apparent conflict between section 6.A.2. on page 9, lines 5-7 and section I 1.B. on page 16, lines 41-43 ° concern about releasing customer information ° request to submit alternative language for section 8.C. on page 13 It was decided the ordinance would need another fa'st reading due to the numerous revisions. MOTION by Sullivan/Cartwright I would move to extend the meeting until 11 pm. ROLL CALL: Mr. Neuberger - nay Mr. Paul - aye Mrs. Sullivan - aye Mrs. Wininger - nay Mrs. Cartwright - aye MOTION CARRIED 3-2 (Neuberger, Wininger - nay) Vice Mayor Wininger was excused at 10:30 p.m. MOTION by SullivardCartwright I would move to table the first reading of Ordinance O-98-21 Falcon Cable Media Ventures, Inc., or whatever the current name is for this, until the next regular meeting. The City Attorney was asked to provide the redraft legislatively. VOICE VOTE on the motion carded 4-0. 98.202 g~ect Swale Regrading BiOs and Authoriz~ Staffto Rcbid (City Manag~ Transmittal 11/12/98, Wa~er Memo, McClelland Letter.City Manager Memo) MOTION by Cartwright/Paul I move to reject all bids on the proposed swale re-grading proposal and authorize staffto re- bid and restructure the bids on this matter. ROLL CALL: Mrs. Sullivan - nay Mrs. Wininger - absent Mrs. Cartwright - aye Mr. Neuberger - aye Mr. Paul - aye MOTION CARRIED 3-1 (Sullivan - nay) 11 egularCity Meeting Council ovember 18, 1998 Page Twelve 98.203 F. Police Departm~t Facility Tile Flooring - Waive Bidcling Procedures, Accept Quotes and A~arcl Contract to Lowest Quote - Jerry Smith Tile. IIlc, in the Amount of $6,920 (Purclla~ing Transmittal ! 1/12/98, Spaul Letter) MOTION by Sullivan/Neuberger I move to waive formal sealed bidding procedures as called for in the Procurement Ordinance, and approve the written quotations solicited for as noted above; further move that low bidder Jerry Smith Tile, Inc. be awarded the contract for the tile project, and authorize staffto execute same for $6,920. ROLL CALL: Mrs. Wininger - absent Mrs. Cartwright - aye Mr. Neuberger - aye Mr. Paul - aye Mrs. Sullivan - aye MOTION CARRIED 4-0 98.204 G. Sebastia!l ~er Area Chamber of Commerce Santa Sail-In - Close Inter~e,~tjon of Main Street and US 1 9n 12/4/98 6 pm to 8 pm audi LI~¢ of Park at Intersection on !2/4/98, 12/11/98, 12/12/98, 12/18/98 and 12/19/98 from ~; pm to 8 pm for SantaPhoto~ and Refreshments (City Manager Tr~smittal 11/12/98, Cham~¢r Letter) A revised request had been distributed to City Council for Riverview Park (see attached). MOTION by Sullivan/Cartwright I would move to approve thc Santa Sail-in on December 2 and December 3 are the nights chosen for light-up night, I guess as well as the Santa Sail-in and they are also requesting the use of the Riverview Park for the nights of December 4, 12 and 19, so that Santa will be available for the children, and Indian River Drive from CR 512 to Jefferson Street will be closed from 5:30 p.m. to 8:00 p.m. and then 8:00 p.m. reopen Indian River Drive from Jefferson to Cleveland and keep Cleveland from 512 closed until 9:30 p.m. VOICE VOTE on the motion carried 4-0. The City Manager said Carolyn Corum had asked him permission to sell raffle tickets during the event. At this time, the City Council did not come to a definite conclusion. 98.205 H. Surplus Cil:y Property It was the consensus of City Council to have the City Attorney draft an ordinance to provide for other than selling or auctioning surplus city property. 12 pp~a~ar City Council Meeting ovember 18, 1998 ge Thirt~n City Council matters were not addressed and will be carried to the December 2, 1998 regular meeting. 15. fiIY COUNCIL MATTERS Ao B. C. D. E. Mrs. Louise Cartwright Mr. Chuck Neuberger Mr. Larry Paul Mayor Ruth Sullivan Vice Mayor Martha Wininger 16. Approved at the Being no further business, Mayor Sullivan adjourned the Regular Meeting at 10:55 p.m. Z-~~ c~ ,1998, Regular City Council Meeting. Ka~~. O'Halloran, CMC/AAE City Clerk Ruth Sullivan Mayor 13