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HomeMy WebLinkAbout02232000SEBASTIAN CITY COUNCIL MINUTES REGULAR MEETING WEDNESDAY, FEBRUARY 23, 2000 - 7:00 P.M. CITY COUNCIL CHAMBERS 1225 MAIN STREET, SEBASTIAN, FLORIDA 2. 3. 4. Mayor Neuberger called the Regular Meeting to order at 7:00 p.m. The Pledge of Allegiance was recited. Invocation was given by Police Chaplain Frank Camillo - Barefoot Bay First Baptist Church. ROLL CALL City Co_qp_c[l Present: Mayor Chuck Neuberger Mr. Joe Barczyk Mr. Walter Barnes Mr. Ben A. Bishop Mr. Edward J. Majcher, Jr. Staff Present: City Manager, Terrence Moore City Attorney, Rich Stringer City Clerk, Kathryn O'Halloran Finance Director, Mark Mason Public Works Director, Terry Hill Growth Management Director, Tracy Hass Parks Superintendent, Chris McCarthy Deputy City Clerk, Sally Maio {~.egular City Council Meeting ebruary 23, 2000 Page Two 00.043 00.044  0.0451 9.161 AGENJ;),~MODIFICATIONS (ADDITIONS AJ~DIOR DELETIONS) Items not on the written agenda may be added only upon a rnajodty vote of City Council members (R~99-21) The City Manager requested addition of a presentation by the 75th Anniversary Committee. It was added as item 6.D. Mayor Neuberger inquired whether there was a resolution to the police department investigation matter. The City Manager said the investigation was ongoing. $. PROCLAMATIONS. ANNOUN(;::_F,,~I~NTS AND/OR PRESENTATION~ A. Proclamatior! - Florida Citizenship and Leadershj~ Day - Requested by Florida League Mayor Neuberger read the proclamation. Deborah Bradley, CPA - Hoyman. Do..b~)13 & Company. PA - Presentation o.f QjtY of Sebastian Cqmprehensive Annual Finan.qi~! Report for Year Ended September 30, 1999 (Audit Reports Distributed Under separate cover) Deborah Bradley, CPA, Hoyman, Dobson & Company, presented the Annual Financial Report. Ted Mp{)[ehead. Chairman, Indian River L.agQ{)n Scenic Highway Corridor Ma~]pgement Entity ,A~lree. ment Presentation - Authorize City .IVlanager to Enter Into Corridor Man.~gement Entity ,Agr~p~ent with Marine Resources Cour](~il and Other Member Entities (City Manager Transmittal ?./14/~0. Moorehead Letter) Ted Moorehead, Indian River Lagoon Scenic Highway Corridor Advocacy Group, thanked City Council for its endorsement of the application to FDOT. He requested approval of the Corridor Management Entity Agreement, appointment of one city staff member or elected official and one citizen, designation of US 1 within the city limits as the scenic highway corridor, and approval of the vision statement and preliminary goals and objectives of the program. The City Manager reported the Advocacy group will conduct a meeting in City Council Chambers on Thursday, February 23, 2000. MOTION by Barczyk/Majcher '1 move to authorize the City Manager to enter into a corridor management entity agreement with Marine Resources Council and other member entities to form a corridor management entity for the Indian River Lagoon Scenic Highways." ROLL CALL: Mayor Neuberger - aye Mr. Barczyk - aye Mr. Barnes - aye Mr. Bishop - aye Mr. Majcher - aye MOTION CARRIED 5-0 {~!~eegular City Council Meeting bruary 23, 2000 Page Three old D. 75th Anniversary_Cqmmittee Presentation Committee Chairman, Ray Coniglio, read the Committee's mission statement and plans (see attached). He requested funding in the amount of $750 for T-shirt sales, and the Finance Director explained that a city fund should be set up for this purpose. MOTION by Majcher/Barnes "1 make a motion to appropriate $750 from the 75th anniversary budget and opening a city account for moneys coming in and moneys coming out." The figure was then changed to $1000. ROLL CALL; Mr. Barczyk - aye Mr. Barnes - aye Mr. Bishop - aye Mr. Majcher - aye Mayor Neuberger - aye MOTION CARRIED 5-0 7. CITY ATTOI~NEY ~ATTERS · Reported on the March 15, 2000 Code Enforcement Board workshop on proposed fines. 8. CITY MAI~P~GER MATTERS · Discussed his proposal to realign the Yacht Club parking lot to two handicapped boat trailer spaces and eliminate all other trailer parking. TAPE I - SIDE II (7:47 p.m.) · Mr. Barnes reiterated his request for a fish cleaning bench at the Main Street pier; and discussed problems with the height of the new finger piers. · Discussed the police investigation relative to the evidence room theft, noting the FDLE will work with the City to evaluate administrative procedures. 9. CITY CLERK MATTER~ None. 10. CITY COUNCIL MATTERS A.Mr. Bishop None. B.Mr. Majcher · Reported that people have called regarding whether there is any policy prohibiting smoking in public parks. The City Attorney suggested he bring back a park policy which was previously addressed but never adopted and Council concurred. 3 Regular City Council Meeting February 23, 2000 Four Mayor Neuberger Inquired about the Robert Taylor code enforcement issue, and the City Attorney responded Mr. Taylor's property is on a list of properlies for which the City has taken foreclosure action. Mr. Barc~k Reported on the response to the Treasure Coast Regional Planning Council survey. IYJY, Barnes Inquired about the Delmonte Street building height problem. The City Manager responded that there can be "not to exceed" language incorporated into the Code. Requested an update on the city personnel manual and the City Manager said it is still being drafted, is an administrative policy, however, Council is welcome to review it as it proceeds. 11. CONSENT AGENDA /VI item~ on the consent agenda are considered rou#ne and wi8 be enacted by one motion. There wSI be no separate ~scussion of consent agenda items unles~ a member of Cily Counc8 so requests; in which event, the item wSI be removed and acted upon separately. A. Approval of Minutes - 2/9/00 Regular Meeting 00.046/ 99.120 Craft Club Request for Amendment to Use of Riverview Park to Authorize Sebastian River High School Shark Band Boosters to Set Up Food Stand During Craft Shows (City Clerk Transmittal 2/9/00, Craft Club Letter) 00.047 March of Dimes - Request for Use of Riverview Park as Start/Finish Point for Walk America Walk-A-Thon w/Electricity on 4/1/2000 - 7 am to 10:30 am (City Manager Transmittal 2/11/2000, Bassoff Letter) 00.048 Sebastian River Area Chamber of Commerce - Request for Use of Riverview Park for Annual Business Expo 2000 - 4~8~00 - 9 am to 6 pm and 4~9~00 10 am to 6 pm with Electricity and Appropriate Street Closings as Determined by Police Department (City Manager Transmittal 2/11/00, SRACC Memo) 00.049 Lions Club 4th of July Celebration Meetings - Request Waiver of Fees for Use of Yacht Club - First and Fourth Monday of Each Month through First Week of July (City Clerk Transmittal 2/9/00, Osmundson Letter) 00.050 Scott Birthday Party - Request Use of Community Center 3/11/00 - 7 pm to Midnight - R-98-43 Requires Approval for Use After 11 pm (City Clerk Transmittal 2/15~00, Application) The City Manager read the consent agenda. Mayor Neuberger removed item B, Barczyk removed items D and F. MOTION by Barnes/Bishop ~1'11 move to approve the consent agenda items A, C, and E." ROLL CALL: MOTION CARRIED 5-0 Mr. Barnes - aye Mr. Bishop - aye Mr. Majcher - aye Mayor Neuberger - aye Mr. Barczyk - aye 4 i~eegular City Council Meeting bruary 23, 2000 Page Five 00.0461 B. 99,120 0o.o48 D. 00,050 F. Craft Club Request for Am.913.dment to Use of Riven/Jew Park to~vl~horize Sebastian River High ScI1{)QJ Shark Band Boosters to Set Uo Fqod Stand During Craft Shows Mayor Neuberger inquired about the Health Department permit and the City Attorney explained the process whereby the food is prepared at an approved site and then served at another location. MOTION by Neuberger/Majcher "1 move to approve item B." VOICE VOTE on the motion carried 5-0. SebasUan River A. rg~ Chamber of Commerce - Request for Use of Riverview Park for~pnua~ Bu~e~s Expo 2000 - 4/8/00- 9 am to 6 pm and 4/9/00 10 am to 6 pm with Electricity and Appropriate Street Closings as Determined by Police Department Mr. Barczyk questioned street closings and paying overtime for Police Officers. 6~ott Birth. al{ay party - Request Use of Community Center 3/11/00 - 7 I~m to I~lid. night- R~98-43 Requires Appr~)val for Use After 11 pm Mr. Barczyk inquired as to the ages of the participants. Mr. Barczyk said he was certain there was going to be overtime for blocking off streets, and the Finance Director said overtime for police officers is $23 per hour and the Chamber would be billed for the cost. MOTION by Barczyk/Majcher '1'11 move to approve items D and F." ROLL CALL: Mr. Bishop - aye Mr. Majcher - aye Mayor Neuberger - aye Mr. Barczyk - aye Mr. Barnes - aye MOTION CARRIED 5-0 00,032 12. PUBL[~: HEARING A. Second I~epding and Public Hearing oB Ordinance No. 0-00-03 - I~/I..ethodology for Measuring Lot Width in Riverfront Performance Oye.rley District (City Attorney. T_repsmittal 2/17/00, 0-00-03) AN ORDINANCE OF THE CITY OF SEBASTIAN, INDIAN RIVER COUNTY, FLORIDA, AMENDING SECTION 20A-19,3(9), LAND DEVELOPMENT CODE, RIVERFRONT OVERLAY DISTRICT DEFINITIONS; PROVIDING FOR CONFLICTS; PROVIDING FOR SEVERABILITY; AND PROVIDING FOR AN EFFECTIVE DATE, Mayor Neuberger opened the public hearing at 8:12 p.m., and the City Attorney read Ordinance No. 0-00-03 by title. eegular City Council Meeting bruary 23, 2000 Page Six Being no input, Mayor Neuberger closed the public hearing at 8:13 p.m. MOTION by Bishop/Barczyk "I'd move to approve Ordinance O-00-03." ROLL CALL: Mr. Majcher - aye Mayor Neuberger - aye Mr. Barczyk - aye Mr. Barnes - aye Mr. Bishop - aye MOTION CARRIED 5-0 00.042 $~cond Reading and PubEc He.a. dng Ordinance No. O-00-04 - FY Z000 I~t~lget Amendment (Finance Director Transmittal 2/14./0_0., 0-00-04) AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SEBASTIAN, INDIAN RIVER COUNTY, FLORIDA, ADOPTING AN AMENDED BUDGET FOR THE FISCAL YEAR BEGINNING OCTOBER 1, 1999 AND ENDING SEPTEMBER 30, 2000 AS PROVIDED FOR IN EXHIBIT "A"; PROVIDING FOR SEVERABILITY; PROVIDING FOR CONFLICTS; AND PROVIDING FOR AN EFFECTIVE DATE. Mayor Neuberger opened the public headng at 8:14 p.m., and the City Attorney read Ordinance No. 0-00-04 by title. The Finance Director briefly reviewed the amendments. Being no input, Mayor Neuberger closed the public hearing at 8:16 p.m. MOTION by Majcher/Barnes "1 move to approve Ordinance O-00-04 amending the fiscal year 2000 budget for the General fund, Capital Projects fund, Golf Course fund, and Airport fund." ROLL CALL: Mayor Neuberger - aye Mr. Barczyk - aye Mr. Barnes - aye Mr. Bishop - aye Mr. Majcher - aye MOTION CARRIED 5-0 00.051/ First Reading aq~ l:ir~t Public Hearing on Ordinance .No. O-00-05 CNK. Inc. Comprehel~S[Ve 99~242 Land Use Plaid/~mendment- Schedule Secon(~ Beading and Second Public Hearjl!g for 3/8/00 (.C~rowth Management Transmittal 2/17/00.0-00-05. Applicat~0n, Location Map. Staff Report. P & Z l~ecQmmendation) AN ORDINANCE OF THE CITY OF SEBASTIAN, INDIAN RIVER COUNTY, FLORIDA, APPROVING AN AMENDMENT TO THE COMPREHENSIVE PLAN WHICH AMENDS THE FUTURE LAND USE MAP TO INDUSTRIAL USE (IN) FROM LOW- DENSITY RESIDENTIAL (LD) FOR LAND CONSISTING OF 14,85 ACRES, MORE OR LESS, BEING LOTS 16, 27 AND 28, SECTION 30, FLEMING GRANT; AUTHORIZING FINDINGS AND ADMINISTRATIVE ACTIONS THERETO; PROVIDING FOR CONFLICTS; PROVIDING FOR SEVERABILITY; AND PROVIDING FOR EFFECTIVE DATE. eegular City Council Meeting bruary 23, 2000 Page Seven Mayor Neuberger opened the public hearing at 8:17 p.m., and the City Attorney read Ordinance No. 0-00-05 by title. The Growth Management Director presented the staff report and recommended approval. Being no input, Mayor Neuberger closed the public hearing at 8:19 p.m. The City Attorney advised the motion should read, "move to adopt it on first reading and authorize transmittal to the Department of Community Affairs." MOTION by Barczyk/Barnes "1 make a motion that the Attorney just said." ROLL CALL: Mr. Barczyk - aye Mr. Barnes - aye Mr, Bishop - aye Mr. Majcher - aye Mayor Neuberger - aye MOTION CARRIED 5-0 Mayor Neuberger called recess at 8:20 p.m. and reconvened the meeting at 8:35 p.m. All members were present. 13. INTRODUCTION_OF NEW BUSINESS FROM THE PUBUG Item that has occun'ed 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 None. 14. COMMII-I'EE REPORTS/RECOMMENDATIONS 00.007 Planning al3d Zgoing Commission (City Clerk Transmittal 2/14/00, 2 Applications, Member List, Ad) 1. Interview, Unless Waived, and Appoint Two Alternate Members to: a. Unexpired Term to 1/1/2002 b. Unexpired Term to 11/1/2001 City Council intewiewed Jean Carbano and Richard Smith. MOTION by Bishop/Neuberger "1 would move to approve Jean Carbano to the alternate vacated by William Evely unexpired term to expire 1/1/2002." ROLL CALL: Mr. Barnes - aye Mr. Bishop - aye Mr. Majcher - aye Mayor Neuberger - aye Mr. Barczyk - aye MOTION CARRIED 5-0 eegular City Council Meeting bruary 23, 2000 Page Eight MOTION by Barnes/Majcher ~1'11 make a motion to approve Mr. Richard Smith the alternate position vacated by William Mahoney unexpired term to expire November 1,2001 ." ROLL CALL: Mr. Bishop - aye Mr. Majcher - aye Mayor Neuberger - aye Mr. Barczyk - aye Mr. Barnes - aye MOTION CARRIED 5-0 15. OLD BUSII~ 00,052/ A. 99,;235 Curt Oxford. wogd.~:e, rver. Inc. - city Welcome signs Update_~].d. Status Report (No Backup) Mr. Oxford gave a brief update on the city welcome signs. TAPE II - SIDE I (8:50 p.m.) 00.053~ B. 99.182 Skateboard Park Site Planning Workshop (PW~13girleering Transmittal 2/14/00) The City Manager and Parks Superintendent reported on the outcome of an informal meeting with concerned citizens regarding the proposed location of the skateboard park within the area of the existing Barber Street Sports Complex. Discussion took place on funding contingencies in the event the grant is not approved, contacting Titusville relative to their abandoned skate park, and contacting Satellite Beach for information on their park, 00.054A 16. NEW BUSlI~$ First Reading of O[dinaqc~ NO. O-00-06 - Ameritrend Homes. Inc, Sr[taJJ ~ale Comprehensive [,[and Use Plan Amendment- Schedule Second Reading and Public Hearing for 3/8/00 (Growth Management Director Tr~[l~,ptittal 2/17/00.0-00-06. ApplJcalJo_rl~.j,~)¢:ation Map. Staff Report. P & 7 Recommendatior0 AN ORDINANCE OF THE CiTY OF SEBASTIAN, INDIAN RIVER COUNTY, FLORIDA, APPROVING A SMALL SCALE AMENDMENT TO THE COMPREHENSIVE PLAN WHICH AMENDS THE FUTURE LAND USE MAP TO CG (COMMERCIAL GENERAL) FROM C-512 (COMMERCIAL 512) FOR LAND CONSISTING OF 7.57 ACRES, MORE OR LESS, LYING SOUTHEAST OF FELLSMERE ROAD AND SOUTHWEST OF WIMBROW DRIVE; AUTHORIZING FINDINGS AND ADMINISTRATIVE ACTIONS THERETO; PROVIDING FOR CONFLICTS; PROVIDING FOR SEVERABILITY; AND PROVIDING FOR EFFECTIVE DATE. The City Attorney read Ordinance No. O-00-06 by title. The Growth Management Director gave the staff report. MOTION by Barnes/Majcher "1'11 make a motion to approve the first reading of Ordinance 0-00-06 and schedule the second reading and public hearing for March the 8th." eegular City Council Meeting bruary 23, 2000 Page Nine 00.054B B. 00.055 C. ROLL CALL: Mr. Majcher - aye Mayor Neuberger - aye Mr. Barczyk - aye Mr. Barnes - aye Mr. Bishop - aye MOTION CARRIED 5-0 First l~eading of Ordinance No. 0-00-0] Ar~l.~ritr~J3d Rezoning - Schedule Second ReadjDg.~nd (;[~iasi-Judi~ial Public Headng fo[ 3/8/00 ~G. rqwth Management Director Transmittal ~17/00, O- 00-07. AJ~l;)lication. Lo{:~tigll Map. Staff Report. P & Z Recommen~latior0 AN ORDINANCE OF THE CITY OF SEBASTIAN, INDIAN RIVER COUNTY, FLORIDA, REZONING CERTAIN PROPERTY LOCATED SOUTHWEST OF WIMBROW DRIVE AND SOUTHEAST OF FELLSMERE ROAD; CONTAINING 7,57 ACRES, MORE OR LESS, FROM C-512 (COMMERCIAL 512) TO CG (COMMERCIAL GENERAL); PROVIDING FOR REPEAL OF ORDINANCES OR PARTS OF ORDINANCES IN CONFLICT HEREWITH; PROVIDING FOR SEVERABILITY; AND PROVIDING FOR AN EFFECTIVE DATE. The City Attorney read Ordinance No. 0-00-07 by title. The Growth Management Director recommended approval. MOTION by Bishop/Barnes ~1 would move to approve Ordinance 0-00-07 on first reading and schedule a quasi-judicial public hearing for the adoption on March 8, 2000." ROLL CALL: Mayor Neuberger - aye Mr. Barczyk - aye Mr. Barnes - aye Mr. Bishop - aye Mr. Majcher - aye MOTION CARRIED 5-0 Authorize ~elease of Bond (Certificate of Deposit) to Richa. rd Fey for Mulching Operation (City M~n_eJ;;ler Transmittal 2/15/00. Fey Letter) The City Attorney said to have the bond released the applicant must meet the 3:1 slope restoration regulation, and because the applicant states it was met and files were allegedly lost by staff, he was advising that City Council should make the determination as to whether or not to release the bond. The Growth Management Director further advised Council on prior activity on this mine. He said staff feels that the bond should not be released based on an Engineering site visit which showed an eight foot straight drop. A rather lengthy discussion took place. MOTION by Bishop/Majcher '1 move not to authorize the staff to release the bond being held by the City in the form of a Certificate of Deposit to Richard Fey as previously submitted for a mulching operation." Regular City Council Meeting February 23, 2000 e Ten ROLL CALL: Mr. Barczyk - aye Mr. Barnes - aye Mr. Bishop - aye Mr. Majcher - aye Mayor Neuberger - aye MOTION CARRIED 5-0 00.056 Bid Award and A~lthorize City Manager to E~,e..c~t~ Ccntract with M.D. Utility Contractors ~.ulvert Repl~emenls in the Amount of $118.620 ~ngirteering Transmittal 2/7/00. Bid Tabulatiorl) MOTION by Barnes/Barczyk "1'11 make a motion to approve the bid award and authorize the City Manager to execute a contract to M.D. Utility Contractors, for culvert replacements in the amount of $118,620." Mr. Bishop requested more documentation on project items such as this. ROLL CALL: Mr. Barnes - aye Mr. Bishop - aye Mr. Majcher - aye Mayor Neuberger - nay Mr. Barczyk - nay MOTION CARRIED 3-2 (Neuberger, Barczyk - nay) ~,uthodze City Manager to Exe~te State of Florida Department of Trapsp(~rtation Public Transportation Joi~t Participation Agreement - State F~t~gding Share Amount $240,000 for Airport MasterPlan Update - Adopt Resolution No, R-00-1.~,.(.City Manager Transmittal 2/14/00, FDOT Letter) A RESOLUTION OF THE CITY' OF SEBASTIAN, INDIAN RIVER COUNTY, FLORIDA, AUTHORIZING THE CITY MANAGER TO EXECUTE THE STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION PUBLIC TRANSPORTATION JOINT PARTICIPATION AGREEMENT FOR THE SEBASTIAN MUNICIPAL AIRPORT MASTER PLAN UPDATE; PROVIDING FOR CONFLICTS; AND PROVIDING FOR AN EFFECTIVE DATE, The City Manager briefly described the funding agreement. MOTION by Majcher/Barnes '1 make a motion to move to authorize the City Manager to execute the State of Florida Department of Transportation Public Transportation Joint Participation Agreement between the State of Florida Department of Transportation and the City of Sebastian with the State's funding share amounting to $240,000 for the Sebastian Airport Master Plan Update." ROLL CALL: Mr. Bishop - aye Mr. Majcher - aye Mayor Neuberger - aye Mr. Barczyk - aye Mr. Barnes - aye MOTION CARRIED 5-0 ]0 Regular City Council Meeting February 23, 2000 e Eleven 00.057B F. Approve P~ank Order for Airport Consultar~ts and Authorize Staff to BegirtNeaptiations as Recommended (Purchase a_l~d Qontract Administrator Transmittal ?,,/15/00. RFQ Point lr,~bulation Summary) The City Manager briefly explained the ranking process, TAPE II- SIDE II (9:35 p.m.) Mr. Bishop reiterated he would like to see further backup in the packet if it is practical or if not he would review it in City Hall. MOTION by Barnes/Bishop '1'11 make a motion to approve the rank order for airport consultant services and authorize staff to begin negotiations as recommended.' ROLL CALL: Mr. Majcher - aye Mayor Neuberger - aye Mr. Barczyk - aye Mr. Barnes - aye Mr, Bishop - aye MOTION CARRIED 5-0 00.0581 99.243 Resolution No. I~-00-,11 - Sublease of Golf Course,[,~pd to City for Public Works Use [City Manager Transr~jtta~l 2/17/00. R-00-11. ,~ublea~_) A RESOLUTION OF THE CITY OF SEBASTIAN, INDIAN RIVER COUNTY, FLORIDA, GRANTING APPROVAL TO SUBLF_.ASE OF GOLF COURSE LAND TO CITY FOR PUBLIC WORKS USAGE; PROVIDING FOR CONFLICT; PROVIDING FOR EFFECTIVE DATE. Discussion took place on the location of the subject property, and Council was advised that a new Exhibit B to the sublease would be inserted. MOTION by Barnes/Barczyk il'Il move to approve Resolution R-00-11 sublease of golf course land to the City for Public Works use." ROLL CALL: Mayor Neuberger - nay Mr. Barczyk - aye Mr. Barnes - aye Mr. Bishop - aye Mr. Majcher - aye 00.059 Ho MOTION CARRIED 4-1 (Neuberger - nay) Approve City Manager~Att~pdance at Florida City and CQunty Management Associ~.ti0n ~FCCIVtlA) 4th Annual Conference - p~)nte Vedra. FL - May 24-;~7, 2000 (City Manager T[ansmittal Z/15~00) MOTION by Barnes/Barczyk "1'11 move to approve the City Manager attendance at the Florida City and County Management Association." Regular City Council Meeting February 23, 2000 e Twelve ROLL CALL: Mr, Barczyk - aye Mr. Barnes - aye Mr, Bishop - aye Mr, Majcher - aye Mayor Neuberger - aye MOTION CARRIED 5-0 00.060 Approve Change Order #1 ~ Asphalt Recycling for Concret.~ (~Brbs for Schumann Drive Reconstru~on in the Al~Q!Jnt of $58.410 (City Engineer Tra.[l~mittal 2/16/00, Change Order) MOTION by Barnes/Bishop "1'11 move to approve Change Order #1 with Asphalt Recycling for $58,410." ROLL CALL: Mr. Barnes - aye Mr. Bishop - aye Mr. Majcher - aye Mayor Neuberger - nay Mr. Barczyk - aye MOTION CARRIED 4-1 (Neuberger - nay) 17. Being no further business, Mayor Neuberger adjourned the Regular Meeting at 9:55 p.m. Approved at the- ~"'~c~ ~ ,2000, Regular City Council Meeting. ]2 SEBASTIAN CITY COUNCIL AGENDA REGULAR MEETING WEDNESDAY, FEBRUARY 23, 2000 - 7:00 P.M. CITY COUNCIL CHAMBERS 1225 MAIN STREET, SEBASTIAN, FLORIDA ALL AGENDA ITEMS MAY BE INSPECTED IN THE OFFICE OF THE CITY CLERK - 1225 MAIN STREET, SEBASTIAN, FLORIDA Individuals will address the City Council with respect to agenda items immediately before deliberation of the item by the City Council - limit of ten minutes per speaker (R-99-21) 00.045/ 99.161 2. 3. 4. 5. CALL TO ORDER PLEDGE OF ALLEGIANCE INVOCATION - Police Chaplain Frank Camillo - Barefoot Bay First Baptist Church ROIJ. CALL AGENDA MODIFICATIONS (ADDITIONS AND/OR DJ~I.E[TIONS) Items not on the written agenda may be added only upon a majodty vote of City Council members (R-99-21) PROCLAM~ATIONS, ANNOUNCEMENTS AND/OR PRESENTATION~ A. Proclamation - Florida Citizenship and Leadership Day - Requested by Florida League of Cities B. Deborah Bradley, CPA - Hoyman, Dobson & Company, PA - Presentation of City of Sebastian Comprehensive Annual Financial Report for Year Ended September 30, 1999 (Audit Reports Distributed Under Separate Cover) C. Ted Moorehead, Chairman, Indian River Lagoon Scenic Highway Corridor Management Entity Agreement Presentation - Authorize City Manager to Enter Into Corridor Management Entity Agreement with Marine Resources Council and Other Member Entities (City Manager Transmittal 2/14/00, Moorehead Letter) ClT~ ATTORNEY MATTERS CITY I~ANAGER MATTERS CITY CLERK MATTER,~ o0.043 oo.044 10. CITY COUNCIL MATTEJ~S 00.046/ 99,120 00.047 00.049 00.050 11. A. Mr. Bishop B. Mr. Majcher C. Mayor Neuberger D. Mr. Barczyk E. Mr, Barnes CONSEN'[ AGENDA All items on the consent agenda are considered rou#ne and will be enacted by one motion. There will be no separate discussion of consent agenda items unless · member of City Council so requests; in which event, the item wi~ be removed and acted upon separately. A. Approval of Minutes - 2/9/00 Regular Meeting Craft Club Request for Amendment to Use of Riverview Park to Authorize Sebastian River High School Shark Band Boosters to Set Up Food Stand During Craft Shows (City Clerk Transmittal 2/9/00, Craft Club Letter) March of Dimes - Request for Use of Riverview Park as Start/Finish Point for Walk America Walk-A-Thon w/Electricity on 4/1/2000 - 7 am to 10:30 am (City Manager Transmittal 2/11/2000, Bassoff Letter) Sebastian River Area Chamber of Commerce - Request for Use of Riverview Park for Annual Business Expo 2000 - 4/8/00 - 9 am to 6 pm and 4/9/00 10 am to 6 pm with Electricity and Appropriate Street Closings as Determined by Police Department (City Manager Transmittal 2/11/00, SRACC Memo) Lions Club 4th of July Celebration Meetings - Request Waiver of Fees for Use of Yacht Club - First and Fourth Monday of Each Month through First Week of July (City Clerk Transmittal 2/9/00, Osmundson Letter) Scott Birthday Party - Request Use of Community Center 3/11/00 - 7 pm to Midnight - R-98-43 Requires Approval for Use After 11 pm (City Clerk Transmittal 2/15/00, Application) 2 00.032 00.042 00.051/ 99.242 00.007 00.052/ 99,235 00.053/ 99.182 12, 13. 14. 15. PUBLIC HEARING Procedures for pub~c hearings: (R-99-21) · Mayor Opens Headng · Attorney Reads Ordinance or ResoluUon · Staff PresentaUon · Public Input - Lin~ of Ten Minutes Per Speaker · Staff Summation , Mayor Closes Heatfng · Coundl Action Anyone Wishing to Speak Is Asked to Sign Up before the Meeting, When Called go to the Podium and State His or Her Name for the Record Ao Second R.e~dir~g ~nd Public Headng on Ordinance No. O-00-03 - Methodology for Measuring Lot ~/idth in Riverfront I~er~0rmance Overlay District (City Attorney Transmittal 2/17/00.0-00-03) AN ORDINANCE OF THE CITY OF SEBASTIAN, INDIAN RIVER COUNTY, FLORIDA, AMENDING SECTION 20A-19.3(9), LAND DEVELOPMENT CODE, RIVERFRONT OVERLAY DISTRICT DEFINITIONS; PROVIDING FOR CONFLICTS; PROVIDING FOR SEVERABILITY; AND PROVIDING FOR AN EFFECTIVE DATE. .~econd Reading P_rid P~lblic Hearing Ordinance No. 0-00-04 - FY 2000 Budget Amendment (Finance Director Transmittal 2/14/00.0-00-04) AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SEBASTIAN, INDIAN RIVER COUNTY, FLORIDA, ADOPTING AN AMENDED BUDGET FOR THE FISCAL YEAR BEGINNING OCTOBER 1, 1999 AND ENDING SEPTEMBER 30, 2000 AS PROVIDED FOR IN EXHIBIT 'A"; PROVIDING FOR SEVERABILI'I-Y; PROVIDING FOR CONFLICTS; AND PROVIDING FOR AN EFFECTIVE DATE. First Reading and First Public Hearing 01~ Ordinance No. 0-00-05 CNK. Inc. Comprehensive Land Use Plan Amendment - Schedule Second Reading Pl~d ,~e~{iDd Public Hearing for 3~8/00 (Growth Management Transmittal 2J17/0.Q,__O~Q-05, Application. Location Map. Staff Report. P & Z Recommendation) AN ORDINANCE OF THE CITY OF SEBASTIAN, INDIAN RIVER COUNTY, FLORIDA, APPROVING AN AMENDMENT TO THE COMPREHENSIVE PLAN WHICH AMENDS THE FUTURE LAND USE MAP TO INDUSTRIAL USE (IN) FROM LOW- DENSITY RESIDENTIAL (LD) FOR LAND CONSISTING OF 14.85 ACRES, MORE OR LESS, BEING LOTS 16, 27 AND 28, SECTION 30, FLEMING GRANT; AUTHORIZING FINDINGS AND ADMINISTRATIVE ACTIONS THERETO; PROVIDING FOR CONFLICTS; PROVIDING FOR SEVERABILITY; AND PROVIDING FOR EFFECTIVE DATE, 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, h'rn~ of ten minutes for each speaker COMMITTEE REPORT~IRECD_IYI_MI~N DATIO NS Pl~rtDirlg ~lrld ~,oning Commission (City Clerk Transmittal 2/14/00, 2 Applications, Member List, Ad) 1. Interview, Unless Waived, and Appoint Two Alternate Members to: a. Unexpired Term to 1/1/2002 b. Unexpired Term to 11/1/2001 OLD BUSIN. E~ A. Curt Oxford, Woodcarver, Inc. - City Welcome Signs Update and Status Report (No Backup) Skateboard Park Site Planning Workshop (PW/Engineering Transmittal 2/14/00) 16. NEW BUSINESS 00.054A 00.054B 00.055 00.056 00.057B 00.058/ 99.243 00.059 00.060 First Reading of Ordinance No. O-00-0..6 - Ameritrend Homes. Inc. Small Scale Compreheosive Land Use Plan Ame.rldmQnt- Schedule Second Reading and Public Hearing for :~/6/00 (GrqwtJ3 Management Director ]'j'~lp~mittal 2/17/00.0-00-06. Application. Location Map. ~;f;aff Report. Recommendalti0.rt) AN ORDINANCE OF THE CITY OF SEBASTIAN, INDIAN RIVER COUNTY, FLORIDA, APPROVING A SMALL SCALE AMENDMENT TO THE COMPREHENSIVE PLAN WHICH AMENDS THE FUTURE LAND USE MAP TO CG (COMMERCIAL GENERAL) FROM C-512 (COMMERCIAL 512) FOR LAND CONSISTING OF 7.57 ACRES, MORE OR LESS, LYING SOUTHEAST OF FELLSMERE ROAD AND SOUTHWEST OF WIMBROW DRIVE; AUTHORIZING FINDINGS AND ADMINISTRATIVE ACTIONS THERETO; PROVIDING FOR CONFLICTS; PROVIDING FOR SEVERABILITY; AND PROVIDING FOR EFFECTIVE DATE. I~jrst Reading of Ordinance NOLO-00-07 ,~meritrend Rezoning - Schedule Second Reading and Quasi-Judicial Public Hea_riD.g for 3/8/00 (Growth Management Director Tran~Flittal 2/17/00. O-00- 07. Appli..ca~iOl~, Location Map. Staff Report. P & Z Re~;g133_rlq.Ql~datior0 AN ORDINANCE OF THE CITY OF SEBASTIAN, INDIAN RIVER COUNTY, FLORIDA, REZONING CERTAIN PROPERTY LOCATED SOUTHWEST OF WIMBROW DRIVE AND SOUTHEAST OF FELLSMERE ROAD; CONTAINING 7.57 ACRES, MORE OR LESS, FROM C-512 (COMMERCIAL 512) TO CG (COMMERCIAL GENERAL); PROVIDING FOR REPEAL OF ORDINANCES OR PARTS OF ORDINANCES iN CONFLICT HEREWITH; PROVIDING FOR SEVERABILITY; AND PROVIDING FOR AN EFFECTIVE DATE. Authorize Release of Bond (Certificate of Deposit) to Richard Fey for Mulching Operation (City Manager Transmittal 2/15~00, Fey Letter) Bid Award and Authorize City Manager to Execute Contract with M.D. Utility Contractors for Culvert Replacements in the Amount of $118,620 (Engineering Transmittal 2/7/00, Bid Tabulation) Authorize City Manager to Execute State of Florida Department of Transportation Public Transportation Joint Participation Agreement - State Funding Share Amount $240,000 for Airport Master Plan Update - Adopt Resolution No, R-00-12 (City Manager Transmittal 2/14/00, FDOT Letter) A RESOLUTION OF THE CITY OF SEBASTiAN, INDIAN RIVER COUNTY, FLORIDA, AUTHORIZING THE CiTY MANAGER TO EXECUTE THE STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION PUBLIC TRANSPORTATION JOINT PARTICIPATION AGREEMENT FOR THE SEBASTIAN MUNICIPAL AIRPORT MASTER PLAN UPDATE; PROVIDING FOR CONFLICTS; AND PROVIDING FOR AN EFFECTIVE DATE. Approve Rank Order for Airport Consultants and Authorize Staff to Begin Negotiations as Recommended (Purchase and Contract Administrator Transmittal 2/15/00, RFQ Point Tabulation Summary) Resolution No. R-00-11 - Sublease of Golf Course Land to City for Public Works Use (City Manager Transmittal 2/17/00, R-00-11, Sublease) A RESOLUTION OF THE CITY OF SEBASTIAN, INDIAN RIVER COUNTY, FLORIDA, GRANTING APPROVAL TO SUBLEASE OF GOLF COURSE LAND TO CITY FOR PUBLIC WORKS USAGE; PROVIDING FOR CONFLICT; PROVIDING FOR EFFECTIVE DATE. Approve City Manager Attendance at Florida City and County Management Association (FCCMA) 4th Annual Conference - Ponte Vedra, Jacksonville Beach, FL - May 24-27, 2000 (City Manager Transmittal 2/15~00) Approve Change Order #1 with Asphalt Recycling for Concrete Curbs for Schumann Drive Reconstruction in the Amount of $58,410 (City Engineer Transmittal 2/16/00, Change Order) 4 17. ADJOURN (All meetings shall adjourn at 10:30 p.m. unless extended for up to one haff hour by a majority vote of City CounciO ANY PERSON WHO DECIDES TO APPEAL ANY DECISION MADE BY THE CiTY COUNCIL WITH RESPECT TO ANY MATTER CONSIDERED AT THIS MEETING (OR HEARING) WILL NEED A RECORD OF THE PROCEEDINGS AND MAY NEED TO ENSURE THAT A VERBATIM RECORD OF THE PROCEEDINGS IS MADE, WHICH RECORD INCLUDES THE TESTIMONY AND EVIDENCE UPON WHICH THE APPEAL IS TO BE HEARD. (286.0105 F.S.) IN COMPLIANCE WITH THE AMERICANS WITH DISABILITIES ACT (ADA), ANYONE WHO NEEDS A SPECIAL ACCOMMODATION FOR THIS MEETING SHOULD CONTACT THE CITY'S ADA COORDINATOR AT 589-5330 AT LEAST 48 HOURS IN ADVANCE OF THIS MEETING. Hearing Assistance Headphones are Available in the Council Chambers for all Government Meetings. Uocomin¢~ Meetings: Regular Meeting - Wednesday, 3/8/2000 - 7pm Special Meeting - Monday, 3/20/2000 - 7 pm (Election Matters) Regular Meeting - Wednesday, 3/22./99 - 7pm Regular Meeting - Wednesday, 4/12/2000 - 7 pm Regular Meeting - Wednesday, 4/26/2000- 7 pm PUBLIC HEARING SIGN-UP SHEET FEBRUARY 23, 1999 CITY COUNCIL MEETING Ordinance No. O-00-03 Measuring Lot Width in Riverfront Performance Overlay District 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 23, 1999 CiTY COUNCIL MEETING Ordinance No. 0-00-04 1999/2000 Fiscal Year Budget Amendment 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 "New Business" as used herein, is defined as an item that has occurred or was discovered within the previous six months FEBRUARY 23, 2000 REGULAR MEETING USE THIS FORM ONLY FOR INTRODUCTION OF NEW BUSINESS NOT OTHERWISE ON THE PREPARED AGENDA - LIMIT OF 10 MINUTES PER SPEAKER Name: Subject: Name~ Subject: Name: Subject: Name Subject: