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HomeMy WebLinkAbout02142001SEBASTIAN CITY COUNCIL MINUTES REGULAR MEETING WEDNESDAY, FEBRUARY 14, 2001 - 7:00 P.M. CITY COUNCIL CHAMBERS 1225 MAIN STREET, SEBASTIAN, FLORIDA 2. 3. 4. Mayor Barnes called the Regular Meeting to order at 7:00 p.m. The Pledge of Allegiance was recited. Invocation was given by Dr. Ronald D. Thomas, Sr., Sebastian United Methodist Church. ROLL CALL Citv 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 Airport Director, Jason Milewski Building Director, George Bonacci City Engineer, Ralph Brescia Finance Director, Mark Mason Golf Course Pro, Mike Nichols Growth Management Director, Tracy Hass Human Resources Director, Rich Samolewicz interim Police Chief, Jim Davis Public Works Director, Terry Hill AGENDA MODIFICATIONS (ADDITIONS AND/OR DELETIONS) Items not on the written agenda may be added only upon a majority vote of City Council members (R-99-21) Mayor Barnes recommended continuing Ordinance No. O-01-03 and O-01-04 public hearings to a Special Meeting on Wednesday, February 21, 2001. MOTION by Bishop/Barczyk "1'11 make a motion to schedule the rezoning application for February 24th at 7:00 pm, I'm sorry, the 21st, for the reasons of devoting the whole evening to this issue." aebgular City Council Meeting ruary 14, 2001 ge Two 01.038 01.039 01.040 The City Attorney clarified whether for technicality reason, it was his intent that it would be to continue to a time certain of 7:00 p.m. and Mr. Bishop concurred. The City Attorney advised that there should be two distinct hearings because the two actions have different legal standards that they are judged by; that the land use being a policy matter and the rezoning quasi-judicial. He went on to explain the effect of the two issues and inquired whether the motion was for items 12B and 12C and Mr. Bishop stated the motion was for both items. ROLL CALL: MOTION CARRIED 5-0 Mayor Barnes - aye Mr, Bishop - aye Mr, Barczyk - aye Mr. Majcher - aye Mr. Hill - aye It was the consensus of City Council to move other agenda items as follows: · Presentation item G to Presentation B · Old Business items A and B to the end of agenda · City Council matters to the end of the agenda · New Business item C (Resolution No. R-01-09) to Consent Agenda item N. 01.037 PROCLAMATIONS, ANNOUNCEMENTS AND/OR PRESENTATIONS Presentation of Proclamation and Letter from Governor Jeb Bush to James F. McCandrew - Landina Ship Tank (LST 325) Recoverv and Return from Greece to US (Proclamation, Letter) Mayor Barnes read the proclamation and letter from Governor Bush and presented them to Mr. McCandrew. Mr. McCandrew addressed the audience about the crew's efforts to return the ship. Presentation of Plaque to Employee of the Quarter - Ann Brack Mayor Barnes presented Ann Brack, Growth Management Department, with a plaque for Employee of the 4th Quarter. Reading of Proclamation Declaring Support for School Nurses in All Florida Public Schools Mayor Barnes read the proclamation and asked that it be mailed as requested. Presentation of Florida Government Finance Officers Award to City of Sebastian Finance Department Mayor Barnes read the award and presented it to Mark Mason, Finance Director, who commended his staff. Presentation of ,~500 Donation by Sebastian Men's Golf Association to City of Sebastian for Riverview Park Fund A member of the Sebastian Men's Golf Association presented the City with a check in the amount of $500 for the Riverview Park fund. ppebgular City Council Meeting ruary 14, 2001 age Three 01.043 i-E.F. Presentation by Dan Dietz, Indian River County Department of Ememencv Services - New Fire Code Standards Impacts to the City of Sebastian Dan Dietz, Indian River County Department of Emergency Services Fire Division, presented a report relative to new fire code standards and their impact on the City of Sebastian, 01.042 G, Presentation bv Pelican Island Elementan/5th Grade Class - Encourage Use of Compost 5'h grade students from Pelican Island Elementary gave a presentation on their class project to promote use of compost to aid the environment. TAPE I - SIDE II (7:48 p.m,) 01,041 F.H. Presentation of Fiscal Year 1999/2000 Financial Statements by Debra Bradley, CPA - Hovman Dobson & Company, PA Debra Bradley, CPA, Hoyman Dobson and Co., PA, distributed additional materials to City Council (see attached) and presented the City of Sebastian 1999/2000 Comprehensive Annual Financial Report. 01,044 I. Presentation By ZCS Senior Housing Partners, LLC Re: Possible Development of Senior Housin(~ Facility (City Manager Transmittal, Brochures Under Se~)arate Cover) A representative of ZCS Senior Housing Partners, LLC presented a proposal to establish senior housing in the Sebastian area; asked for City support to proceed; and responded to questions relative to rental rates, and the need for a value of $300,000 in support which can be cash or non-cash. The City Manager said an analysis would have to be undertaken to ascertain the impacts to the City. The representative stated that ad valorem taxes are paid on this type of facility in the neighborhood of $50,000 to $60,000 per year; that the partnership must maintain the facility for 50 years as is, It was stated that more information was needed as to the benefit to the community. The City Manager suggested that this item be placed on the February 21, 2001 special meeting agenda to allow time for staff to gather information. After some discussion, it was the consensus of City Council to hear the information on February 21, 2001. Adrina Davis asked if there would be public input on this matter on the next agenda. Mayor Barnes called recess at 8:30 p.m. and reconvened the meeting at 8:45 p,m. All members were present. 7, CITY ATTORNEY MATTERS The City Attorney reported on Local Option Gas Tax Apportionment, and sought direction to appeal the decision of Indian River County not to amend the apportionment plan, It was the consensus of Council to direct the Attorney to proceed, Regular City Council Meeting February 14, 2001 Four 01.045 CITY MANAGER MATTERS A, Position Statement Re: (No Backup) 1. Governance of Salary/Benefits Structure The City Manager reported that the Florida League of Cities salary survey reflects that the City of Sebastian is in excellent shape relative to police and exempt salaries. TAPE II. SIDE I (8:50 p,m,) Interim Police Chief Davis reported that police equipment is in good shape, said he had no complaints about salaries or benefits in his interviews with police officers, and that the City can be proud of its department. The Human Resources Director said entry level officers start at entry level salary, but someone coming in with prior experience can come in at a higher step. He also noted that salary surveys are in progress for union employees and will be addressed during CWA and PBA negotiations. 2, Police Pension Process The Finance Director advised Council of a recurring comment that is found in the City's last three audits regarding the City's pension plan which states that the timing of actual valuations should occur every two years rather than three years as the Police Pension Board has elected to do thus far, 3. Other Matters The City Manager reported on current conditions of city canals due to increased pollen concentrations. The Public Works Director reported that Applied Aquatics will be spraying canals next week. The City Manager said he would be adding approval of airport grant funding during new business. 9. CITY CLERK MATTERS - None 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. A. Approval of Minutes - January 24, 2001 Regular Meeting 01.046 Contract Renewal for Dickerson of Florida, Inc.- Type S-3 Asphalt On As Needed Basis for One Additional Year- 11/3/2000 through 11/3/2001 (Public Works Transmittal 1/29/01, Orig Bid Tabulation) 01.047 Resolution No. R-01-02 -Vacation of Easement - Lots 9 & 10, Block 224, Unit 8, SH - Kozo (Growth Management Transmittal 2/7/01, R-01-02, Site Map, Application, Staff Report, Utility Letters) A RESOLUTION OF THE CITY OF SEBASTIAN, INDIAN RIVER COUNTY, FLORIDA, VACATING CERTAIN EASEMENTS OVER LOTS 9 AND 10, BLOCK 224, SEBASTIAN HIGHLANDS UNIT 8, PROVIDING FOR CONFLICTS HEREWITH; PROViDiNG FOR RECORDING; PROVIDING FOR EFFECTIVE DATE. 4 Regular City Council Meeting :ebruary 14, 2001 age Five 01.048 D. Resolution No. R-01-03- Vacation of Easement of Portion of Rear Drainage Easement - Lot 6, Block J, Collier Creek Estates, Phase III - Calvert (Growth Management Transmittal 2_/7/01, R-01- 03, Site Map, Application, Staff Report, Utility Letters) A RESOLUTION OF THE CITY OF SEBASTIAN, INDIAN RIVER COUNTY, FLORIDA, VACATING A CERTAIN PORTION OF AN EASEMENT ON LOTS 6, BLOCK J, COLLIER CREEK ESTATES SUBDIVISION, PHASE III, PROVIDING FOR CONFLICTS HEREWITH; PROVIDING FOR RECORDING; PROVIDING FOR EFFECTIVE DATE. 01.049 E, Resolution No. R-01-11- Citation Amendment - Change LDC Section References and Fine Amount (City Attorney Transmittal 2_/7/01, R-01-01) A RESOLUTION OF THE CITY OF SEBASTIAN, INDIAN RIVER COUNTY, FLORIDA, ADOPTING A REVISED SCHEDULE OF CODE ENFORCEMENT CITATION FEES; PROVIDING FOR CONFLICTS; AND PROVIDING FOR AN EFFECTIVE DATE, 01,050 F. Resolution No. R-01-12 - City Board Appointment Procedures Revision - Add Language Re: Filling Alternate Vacancy (City Clerk Transmittal 2/8/01, 12_/20/00 Minutes Excerpt, R-01-12) A RESOLUTION OF THE CITY OF SEBASTIAN, INDIAN RIVER COUNTY, FLORIDA, PERTAINING TO ADVISORY BOARDS, COMMI'I-rEES AND COMMISSIONS; ESTABLISHING DUTIES OF THE CITY CLERK; PROVIDING FOR UNIFORM APPLICATION; PROVIDING FOR RESIGNATION AND REAPPOINTMENT; ESTABLISHING A PROCEDURE TO FiLL AN UNEXPIRED TERM IN THE EVENT OF A VACANCY; PROVIDING FOR SOLICITATION OF APPLICANTS BY THE CITY CLERK; REQUIRING THE CITY CLERK TO PROVIDE APPOINTEES WITH ETHICAL AND FINANCIAL DISCLOSURE INFORMATION; PROVIDING FOR REPEAL OF RESOLUTIONS OR PARTS OF RESOLUTIONS IN CONFLICT HEREWITH; PROVIDING FOR SEVERABILITY; AND PROVIDING FOR AN EFFECTIVE DATE. 01.051 Resolution No. R-01-14 - Vacation of Easement - Lots 28 & 29, Block 188, Unit 8, SH - Dominguez (Growth Management Transmittal 2/7/01, R-01-14, Site Map, Application, Staff Report, Utility Letters) A RESOLUTION OF THE CITY OF SEBASTIAN. INDIAN RIVER COUNTY, FLORIDA, VACATING CERTAIN EASEMENTS OVER LOTS 28 AND 29, BLOCK 186, SEBASTIAN HIGHLANDS UNIT 8, PROVIDING FOR CONFLICTS HEREWITH; PROVIDING FOR RECORDING; PROVIDING FOR EFFECTIVE DATE. 01.030 H. Resolution No. R-01-15 - Authorize City Manager to Enter Into Master Lease-Purchase Agreement with Kislak National Bank Not to Exceed $900,000 (R-01-15 w/Exhibits, Hanifen, Imhoff Letter) A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SEBASTIAN, FLORIDA, AUTHORIZING THE LEASE- FINANCING OF CERTAIN EQUIPMENT THROUGH EXECUTION OF A MASTER LEASE-PURCHASE AGREEMENT WITH KISLAK NATIONAL BANK; PROVIDING FOR THE PAYMENT OF THE LEASE PAYMENTS; MAKING CERTAIN OTHER COVENANTS AND AGREEMENTS IN CONNECTION THEREWITH; AND PROVIDING AN EFFECTIVE DATE. 01.052 I. Authorize City Manager to Execute Proposed Licensing Agreement Between the City of Sebastian and Tri-Sure Corporation for Storage of Construction Related Materials During Next Phase of Sebastian Water Expansion on Filbert Street Property (City Manager Transmittal 2/5/01, Licensing Agreement) 01.053 J. Approve March of Dimes Use of Riverview Park w/Electricity for North Indian River County Walk- A-Thon - 4/21/01 - 7 am to 10:30 am - Street Closing to Be Coordinated with Police Department (City Manager Transmittal 2/5/01, March of Dimes' Letter, Walk Route) 01,054 K. Approve Learning Nest Use of Riverview Park Gazebo w/Electricity for First Annual Learning Nest 5-K Run - 5/12/01 - 7 am to Noon - Street Closing to Be Coordinated with Police Department (City Manager Transmittal 2/1/01, Park Superintendent Memo) Regular City Council Meeting February 14, 2001 e Six 01.055 L. Approve Use of Riverview Park for Easter Sunrise Service by Sebastian River Ministerial Association w/Electricity - 4/15/01 - 6 am to 8 am (City Manager Transmittal 2/1/01, Thomas and Fomash Letters) 01.056 M. Approve Request for Rental of Community Center - Zamarripa Valentine's Day Party - 8 pm to Midnight - 2/16/01 - NB and $ 5.00 Admission Fee - Age Verified - Use After 11 pm, NB, Admission Fee Require Council Approval Per R-00-21 (City Clerk Transmittal 2/1/01, Application, R-00-21 Excerpts) 01.058 ~.N. Resolution No. R-01-09- Collier Creek Subdivision -Phase 4 Final Plat (Growth Management Transmittal 1/30/01, R-01-09, Final Plat Under Separate Cover) A RESOLUTION OF THE CITY OF SEBASTIAN, INDIAN RIVER COUNTY, FLORIDA, APPROVING THE FINAL PLAT FOR A SUBDIVISION KNOWN AS COLLIER CREEK ESTATES PHASE FOUR, A REPLAT OF A PORTION OF SEBASTIAN HIGHLANDS UNIT 16; PROVIDING FOR CONFLICTS HEREWITH; PROVIDING FOR EFFECTIVE DATE. The City Manager advised that it is not necessary for the consent agenda to be read. Vice Mayor Bishop removed D and N. Mr. Barczyk removed I. MOTION by Hill/Majcher "1 move to approve consent agenda items all but what was pulled N, D, and I, I believe." ROLL CALL: Mr. Bishop - aye Mr. Barczyk - aye Mr. Majcher - aye Mr. Hill - aye Mayor Barnes - aye MOTION CARRIED 5-0 01.048 D. Resolution No. R-01-03- Vacation of Easement of Portion of Rear Drainaae Easement - Lot 6, Block J, Collier Creek Estates, Phase III - Calvert Mr. Bishop asked if there would be any future maintenance problems with vacating a portion of this easement, The Growth Management Director said there would still be 50 feet of the easement remaining and it would not affect the maintenance. MOTION by Bishop/Barczyk "I'd make a motion to approve item D of the consent agenda." ROLL CALL: Mr. Barczyk - aye Mr. Majcher - aye Mr. Hill - aye Mayor Barnes - aye Mr. Bishop - aye MOTION CARRIED 5-0 Regular City Council Meeting {lbruary 14, 2001 ge Seven 01.052 I. Licensing Agreement Tri-Sure Corporation -Storage of Construction Materials Filbert St, Property The City Manager stated that the use is only temporary and will cease when this phase is complete, MOTION by Barczyk/Hill "1 move that we approve item I," ROLL CALL: Mr. Majcher - aye Mr, Hill - aye Mayor Barnes - aye Mr, Bishop - aye Mr, Barczyk - aye MOTION CARRIED 5-0 01.058 N. Resolution No. R-01-09 - Final Plat - Collier Creek Phase IV John King stated that all concerns from the previous plat had been addressed, MOTION by Bishop/Barczyk "1'11 make a motion to approve item N of the consent agenda." ROLL CALL: Mr. Hill - aye Mayor Barnes - aye Mr, Bishop - aye Mr. Barczyk - aye Mr. Majcher - aye MOTION CARRIED 5-0 12, PUBLIC HEARING 01,017A A. Ordinance No. O-01-02 - Buildin(3 Permits (Finance Director Transmittal 1/31/01, 0-01-02) AN ORDINANCE OF THE CITY OF SEBASTIAN, FLORIDA, AMENDING CITY CODE SECTION 26-35 CHAPTER 26 ARTICLE II BUILDING CODE; PROVIDING FOR CONFLICTS; PROVIDING FOR SEVERABILITY; PROVIDING FOR AN EFFECTIVE DATE. Mayor Barnes opened the public hearing at 9:15 p.m. and the City Attorney read Ordinance No. O-01-02 by title, The Finance Director briefly addressed Council. There being no further input, Mayor Barnes closed the public hearing, MOTION by MajchedBarczyk "1 move to adopt Ordinance O-01-02," Regular City Council Meeting {~bruary 14, 2001 ge Eight ROLL CALL: Mayor Barnes - aye Mr. Bishop - aye Mr. Barczyk - aye Mr. Majcher - aye Mr. Hill - aye MOTION CARRIED 5-0 01.032A Ordinance No. O-01-03 - Land Use Change - CNK, Inc. (Growth Manac/ement Transmittal 1/30/01, 0-01-03, Application, Map, 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. This hearing was continued to a Special Meeting on February 21, 2001. 01,032B Ordinance No, O-01-04 - Rezonin(~ - CNK, Inc. (Growth Manac~ement Transmittal 1/30/01, 0-01- 04, Application, Map, Staff Report, P & Z Recommendation) AN ORDINANCE OF THE CITY OF SEBASTIAN, FLORIDA, REZONING LOT 17, BLOCK 30, AA BERRY SUBDIVISION CONTAINING 5.14 ACRES, MORE OR LESS, FROM 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. This hearing was continued to a Special Meeting on February 21, 2001. 01.033 Ordinance No. O-01-05 - Desi(~nation City Clerk Records Mana(3ement Liaison Officer (City Clerk Transmittal 2/5/014 0-01-05)_ AN ORDINANCE OF THE CITY OF SEBASTIAN, INDIAN RIVER COUNTY, FLORIDA, AMENDING CODE OF ORDINANCES CHAPTER 2, SECTION 2-2, POWERS AND DUTIES OF THE CITY CLERK, PROVIDING FOR CONFLICTS; PROVIDING FOR SEVERABiLITY; PROVIDING FOR AN EFFECTIVE DATE. Mayor Barnes opened the public hearing at 9:18 p,m, and the City Attorney read Ordinance No, O-01-05 by title. There being no input, Mayor Barnes closed the public hearing. MOTION by Barczyk/Majcher "1 move to adopt Ordinance No. O-01-05." ROLL CALL: Mr, Bishop Mr. Barczyk Mr. Majcher Mr. Hill Mayor Barnes - aye - aye - aye - aye - aye MOTION CARRIED 5-0 8 Regular City Council Meeting February 14, 2001 e Nine 13. TAPE II - SIDE II 14. 15. 16. 01.057 01.017B 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 of ten minutes for each speaker ~ Carolyn Corum, discussed what she perceived as problems with plantings in the Schumann Drive median and City's new plan for irrigation by hand; and recommended the City budget for an irrigation system. The Public Works Director said the vacuum truck planned for purchase has an added option for watering; and discussed future use of the maxicom irrigation system which is currently being used for U.S. 1. (9:35 p.m.) COMMITTEE REPORTS/RECOMMENDATIONS None. OLD BUSINESS Old Business items were previously moved to the end of the agenda. NEW BUSINESS Approve Ranking for Stormwater Management Consultant as Recommended by Consultant Selection Team and Authorize Contract Negotiations with Number One Ranked Firm Camp, Dresser and McKee (General Services Administrator Transmittal 1/30/01, Professional Services Tabulation) The City Manager briefly reiterated the recommendation of the consultant selection team. MOTION by BarczyldMajcher "1 move to approve the Stormwater Management Consultant ranking as recommended by the Consultant Selection Committee, and authorize contract negotiations to proceed starting with the number one ranked firm." It was noted that the negotiated contract will come back for final approval. ROLL CALL: Mr. Barczyk - aye Mr. Majcher - aye Mr. Hill - aye Mayor Barnes - aye Mr, Bishop - aye MOTION CARRIED 5-0 Resolution No. R-01-01 - Establishing Building Permit Fees in Acc(~rdance w/O-01-02 (Finance Director Transmittal, R-01-02) A RESOLUTION OF THE CiTY OF SEBASTIAN, INDIAN RIVER COUNTY, FLORIDA, ESTABLISHING VARIOUS BUILDING PERMIT FEES PURSUANT TO CiTY CODE SECTION 26-35 CHAPTER 26 ARTICLE II BUILDING CODE; PROVIDING FOR REPEAL OF RESOLUTIONS OR PARTS OF RESOLUTIONS; PROVIDING FOR AN EFFECTIVE DATE. Regular City Council Meeting February 14, 2001 e Ten MOTION by Bishop/Barczyk "1'11 move to adopt Resolution R-01-01 ." ROLL CALL: Mr, Majcher - aye Mr, Hill - aye Mayor Barnes - aye Mr. Bishop - aye Mr, Barczyk - aye MOTION CARRIED 5-0 01.059 Appropriate $30,435 to Complete Public Works Compound Improvements Project and Authorize Addendum 1 to Ranger Construction Contract in the Amount of $17,321.20 (Public Works Transmittal 2/6/01, Ranger Quote) The Public Works Director said additional funds are needed to complete the improvements to the compound; and the Finance Director advised that the funds will come from project budget savings. Council concerns were expressed and discussion took place regarding use of budget savings. MOTION by Barczyk/Majcher "1 move to appropriate $30,435 to complete the Compound Improvements Project and authorize Addendum 1 to the Ranger Construction contract in the amount of $17,321.20." ROLL CALL: Mr, Hill - aye Mayor Barnes - aye Mr, Bishop * aye Mr, Barczyk - aye Mr. Majcher - aye MOTION CARRIED 5-0 01.060 Award Contract for Derelict Vessel Removal to Adventure Environmental, Inc, of Kev Larqo in the Amount of ~;28,600 -Fullv Funded bv Florida Fish and Wildlife Grant (City Engineer Transmittal 1/30/01, Bid Tabulation Sheet) Discussion took place on whether the City is obligated to take the lowest bidder; and the City Attorney said there is no local bidder provision in its purchasing ordinance, so absent that the City would be obligated to take the Iow bid. Discussion took place on looking into this at a later date. Staff was requested to provide a list of boats removed, MOTION by Majcher/Bishop "1 make a motion to move to award the contract to Adventure Environmental, Inc. to remove derelict vessels in the amount of $28,600." ROLL CALL: Mayor Barnes - aye Mr. Bishop - aye Mr. Barczyk - aye Mr. Majcher - aye Mr. Hill - aye MOTION CARRIED 5-0 ]0 Regular City Council Meeting February 14, 2001 e Eleven 01.061 F. Appropriate $214,706.50 from Airport Funds and Authorize Change Order to Links Construction for Relocation of Golf Course Hole 11 and Relative Changes Associated Thereto (General Services Transmittal 2/8/01, Links Proposal) The City Manager reiterated that he is modifying this item to add approval of the FDOT grant funding by resolution; and went on to describe uses of the grant funding for infrastructure improvements. The Golf Course Pro and Airport Director addressed City Council on uses of the grant funds. MOTION by Hill/Majcher "I'd move to adopt Resolution R-01-16, a Resolution of the City of Sebastian, indian River County, Florida, and authorize the City Manager to execute the State of Florida DOTPublic Joint Participation Agreement for the Purpose of Infrastructure Improvements; providing for conflicts; and providing for an effective date." ROLL CALL: Mr. Hill - aye Mayor Barnes - aye Mr. Bishop - aye Mr. Barczyk - aye Mr. Majcher - aye MOTION CARRIED 5-0 MOTION by Hill/Majcher "1 move to authorize a change order in the amount of $214,706.50 with Links Construction for the relocation of hole 11 and relative changes associated thereto, and appropriate $214,706,50 from airport funds to accomplish this project. ROLL CALL: Mr. Bishop - aye Mr, Barczyk - aye Mr, Majcher - aye Mr, Hill - aye Mayor Barnes - aye MOTION CARRIED 5-0 01,062 G. Authorize City Mana(~er to Execute Contract with Atlantic Land and Timber, Inc. for Lo(~(~in(~ at Airport (City Attorney Transmittal 2_/8/01, Airport Director Memo, Proposal) The Airport Director briefly described the benefits to the airport from the logging project. Beth Gambino, Indian River County, described logging efforts as required by the approved Habitat Conservation Plan to return the habitat to scrub, TAPE III - SIDE I (10:20 p.m.) The City Manager advised about the proposed 35 foot buffer along the airport industrial area, The City Attorney said new state requirements are forthcoming requiring the removal of Australian pines. ]! Regular City Council Meeting February 14, 2001 e Twelve Shirley Kilkelly, Sebastian expressed concern that the 35 foot buffer is not adequate and asked what effect the logging will have on gopher tortoises. The City Attomey advised Lani Deauville, on behalf of the Friends of the St. Sebastian River, expressed concern about the 35 foot buffer and suggested a 50 foot buffer with a planting of thick vegetative buffer such as wax myrtle along the front edge of the buffer. Ann Danne, suggested Australian cedar also be removed. MOTION by BarczyldHill "1 move to extend the meeting to 11:00 p,m." ROLL CALL: Mayor Barnes - aye Mr. Bishop - aye Mr, Barczyk - aye Mr. Majcher - aye Mr. Hill - aye MOTION CARRIED 5-0 Charles Stachel requested clarification that there would be no removal of pine trees in the buffer except Australian pines. Carolyn Corum was advised that there will be prescribed burns to remove debris and create bare sandy spots. MOTION by Barczyk/Hill "1 move to authorize the City Manager to execute a contract with Atlantic Land and Timber, Inc. for logging at the airport in accordance with the terms set forth above." ROLL CALL: Mr. Barczyk - aye Mr. Majcher - aye Mr. Hill - aye Mayor Barnes - aye Mr. Bishop - aye MOTION CARRIED 5-0 01.063 Resolution No. R-01-13 - Recreational Facilitv Designations and Procedures and Fees for Use (City Clerk Transmittal 2/~01~ R-01-13) A RESOLUTION OF THE CITY OF SEBASTIAN, INDIAN RIVER COUNTY, FLORIDA, DESIGNATING CLASSIFICATIONS FOR RECREATIONAL FACILITIES IN THE CITY; ADOPTING PROCEDURES AND FEES FOR RECREATIONAL USE PERMITS; PROVIDING FOR CONFLICTS; AND PROVIDING FOR AN EFFECTIVE DATE. The City Attorney read Resolution No. R-01-13 by title and briefly described its content. MOTION by Majcher/Barczyk "1 move to adopt Resolution No. R-01-13." 12 Regular City Council Meeting ebruary 14, 2001 e Thirteen ROLL CALL: Mr. Majcher - aye Mr. Hill - aye Mayor Barnes - aye Mr. Bishop - aye Mr. Barczyk - aye MOTION CARRIED 5-0 10. CITY COUNCIL MATTERS A. Mr. Hill None. B, Mr. Maicher Mr. Majcher asked why a portion of Gibson Street had not been paved by Indian River County in accordance with approval of the Habitat Conservation Plan. C, Mayor Barnes Mayor Barnes said he had received complaints about dogs messing up Indian River Drive sidewalk. D. Vice Mayor Bishop None. E. Mr, Barczvk Mr. Barczyk said radar is needed on Schumann and Barber between 3:30 and 5:30 pm; and urged people to comply with water restrictions 01.005 A. Discussion - Overgrown Lots (1/10/01 Minutes Excerpt) Discussion took place on the difficulty in enforcing any regulation which might be imposed as well as the difficulty for people forced with the intrusion of others' vegetation; and the possibility of a community effort to assist those who cannot help themselves. It was decided to defer this issue at this time. 01,007 B. Portable Sanitary Facilities (1/10/01 Minutes Excemt) The Building Official addressed Council; and Council directed staff to bring back language to eliminate the language prohibiting portalets from right-of-way. 17, Approved at the~ Clerk Mayor Barnes adjourned the Regular Meeting at 10:55 p.m. ,2001 Regular City Council Meeting. ]3 PUBLIC HEARING SIGN UP SHEET FEBRUARY 14, 2001 ORDINANCE NO. O-01-02 Ol. O17A A. Ordinance No. 0-01-02 - Building Permits (Finance Director Transmittal 1/31/01, 0-01-02) AN ORDINANCE OF THE CITY OF SEBASTIAN, FLORIDA, AMENDING CITY CODE SECTION 26-35 CHAPTER 26 ARTICLE II BUILDING CODE; PROVIDING FOR CONFLICTS; PROVIDING FOR NAME ADDRESS NAME ADDRESS NAME ADDRESS NAME ADDRESS NAME ADDRESS NAME ADDRESS NAME ADDRESS NAME ADDRESS NAME ADDRESS NAME ADDRESS NAME ADDRESS NAME ADDRESS NAME ADDRESS PUBLIC HEARING SIGN UP SHEET FEBRUARY i4, 2001 ORDINANCE NO. O-01-03 01,032A B. Ordinance No. O-01-03 - Land Use Chanqe - CNK, Inc. (Growth Management Transmittal 1/30/01, 0-01-03, A/~/~lication, Map, 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, NAME NAME NA E NAME NAME NAME / NAME NAME NAME ADDRESS /.9-<4- ~ * / ADDRESS ADDRESS ADDRESS ADDRESS ADDRESS ADDRESS 7 /;w ADDRESS ADDRESS ADDRESS ~DDRESS New Subject: .... New Subject: Name: New Subject: Name: New Subject: Name: New Subject: Name: New Subject: Name: New Subject: Name: New Subject: QUASI-JUDICIAL PUBLIC HEARING SIGN UP SHEET FEBRUARY 14, 2001 ORDINANCE NO. O-01-04 01.032B C. ,Ordinance No. O-01-04 - Rezoning - CNK, Inc. (Growth Management Transmittal 1/30/01, 0-01-04, Application, Map, Staff Report, P & Z Recommendation'~ This Matter is Quasi. Judicial. see back of agenda for procedures AN ORDINANCE OF THE CITY OF SEBASTIAN, FLORIDA, REZONING LOT 17, BLOCK 30, AA BERRY SUBDIVISION CONTAINING 5.14 ACRES, MORE OR LESS, FROM 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. NAME ADDRESS NAME ADDRESS NAME ADDRESS NAME ADDRESS ADDRESS NAME ADDRESS NAME ADDRESS -~- NAME ADD S "" NAME ADDRESS PUBLIC HEARING SIGN UP SHEET FEBRUARY 14, 2001 ORDINANCE NO. O-01-05 01,033 D, Ordinance No, O-01-05 - Designation City Clerk Records Management Liaison Officer (City Clerk Transmittal 2/5/01, 0-01-05) AN ORDINANCE OF THE CITY OF SEBASTIAN, INDIAN RIVER COUNTY, FLORIDA, AMENDING CODE OF ORDINANCES CHAPTER 2, SECTION 2-2, POWERSAND DUTIES OF THE CITYCLERK, PROVIDING FOR CONFLICTS; PROVIDING FOR SEVERABILITY; PROVIDING FOR AN EFFECTIVE DATE, NAME ADDRESS NAME ADDRESS NAME ADDRESS NAME ADDRESS NAME ADDRESS NAME ADDRESS NAME ADDRESS NAME ADDRESS NAME ADDRESS NAME ADDRESS NAME ADDRESS NAME ADDRESS NAME ADDRESS NAME ADDRESS INTRODUCTION OF NEW BUSINESS FROM THE PUBLIC SIGN-UP SHEET FEBRUARY 14, 2001 REGULAR MEETING "New Business" as used herein, is defined as an item that has occurred or was discovered within the previous six months USE THIS FORM ONLY FOR..!NTR. O_D_.UC_.__.T__I_O..N OF__NEW.BUSINESS NOT OTHERWISE ON THE PREPARED AGENDA*- LIMIT OF 10 MINUTES PER SPEAKER If the item on which you wish to speak is on the printed agenda, do not sign this form. The Mayor will call for public input prior to Council deliberation on each agenda item. Please raise your hand when he calls for input. Name; .J ~z..~'-~.~-~ - New Subject: New Subject: New Subject: Name: New Subject: Name: New Subject: Name: New Subject: