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HomeMy WebLinkAbout03142001 SEBASTIAN CITY COUNCIL AGENDA REGULAR MEETING WEDNESDAY, MARCH 14, 2001 -7:00 P.M. CITY COUNCIL CHAMBERS 1225 MAIN STREET, SEBASTIAN, FLORIDA ALL AGENDA ITEMS MAY BE INSPECTED IN THE OFFICE OF THE CITY CLERK - 1225 MAIN STREET, SEBASTIAN, FLORIDA Individuals will address the City Council with respect to agenda items immediately before deliberation of the item by the City Council - limit of ten minutes per speaker (R-99-21) 2. 3. 4. 5. CALL TO ORDER PLEDGE OF ALLEGIANCE INVOCATION/MOMENT OF SILENCE ROLL CALL AGENDA MODIFICATIONS (ADDITIONS AND/OR DELETIONS) Items not on the wdtten agenda may be added only upon a majority vote of City Council members (R-99-21) PROCLAMATIONS, ANNOUNCEMENTS AND/OR PRESENTATIONS A. Proclamation - National Girl Scout Week - March 11-17, 2001 - Accepted by Dawn Fronduto B. Reginald Reynolds - Sebastian River High School - AudioNisual Department - City Council Meeting Broadcasts (No Backup) CITY ATTORNEY MATTERS CITY MANAGER MATTERS A. Racial Slurs and Attacks by Herbert Sturm (No Backup) CITY CLERK MATTERS CITY COUNCIL MATTERS 01.075 01,077 A. Mayor Barnes B, Vice Mayor Bishop C. Mr. Barczyk D. Mr. Hill E. Mr. Majcher 11. CONSENT AGENDA All items on the consent agenda are considered routine and will be enacted by one motion. There will be no separate discussion of consent agenda items unless a member of City Council so requests; in which event, the item will be removed and acted upon separately. A. Approval of Minutes - 2/21/01 Special Meeting, 2/28/01 Regular Meeting 12. PUBLIC HEARING - None 13. INTRODUCTION OF NEW BUSINESS FROM THE PUBLIC Item that has occurred or was discovered within the previous six months which is not othen/vise on the agenda - sign-up required - limit of ten minutes for each speaker 14. COMMITTEE REPORTS/RECOMMENDATIONS 15. OLD BUSINESS 01.004 A. Police Dispatch Issue - Requested by Mayor Barnes (No Backup) 01.025 B. Emergency Water Restrictions - Requested by Mayor Barnes (No Backup) 16. NEW BUSINESS 01.061 A. ).078 B. Appropriate $250,000 from Airport Funds and Approve Change Order #1 for Links Construction to Construct New Golf Hole # 11 and Relocate # 17 Tee and Green in the Amount of $250,000 (Golf Course Transmittal, Scope of Work, Links Quote) First Reading of Ordinance No. O-01-06 - Repeal of Police Pension Amendments (City Attorney Transmittal, O-01-06) AN ORDINANCE OF THE CITY OF SEBASTIAN, REPEALING ORDINANCE NO, 0-99-38; ( POLICE PENSION MODIFICATIONS) PROVIDING FOR AN EFFECTIVE DATE; PROVIDING FOR CONFLICTS. 17. ADJOURN (All meetings shall adjourn at 10:30 p.m. unless extended for up to one half hour by a majorfty vote of City Council) ANY PERSON WHO DECIDES TO APPEAL ANY DECISION MADE BY THE CITY COUNCIL WITH RESPECT TO ANY MATTER CONSIDERED A T THIS MEETING (OR HEARING) WILL NEED A RECORD OF THE PROCEEDINGS AND MA Y NEED TO ENSURE THAT A VERBA TIM RECORD OF THE PROCEEDINGS IS MADE, WHICH RECORD INCLUDES THE TESTIMONY AND EVIDENCE UPON WHICH THE APPEAL IS TO BE HEARD. (286,0105 F.S.) IN COMPLIANCE WITH THE AMERICANS WITH DISABILITIES ACT (ADA), ANYONE WHO NEEDS A SPECIAL ACCOMMODA T/ON 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. Special Meeting. Monday, 3/19/2001.7 pm (Election Matters) Regular Meeting - Wednesday, 3/28/2001 - 7pm INTRODUCTION OF NEW BUSINESS FROM THE PUBLIC SIGN-UP SHEET MARCH 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 QNL.,Y...FO___R_. INTRODUCTION OF NEW BUSINE, SS 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. .......... ........ ........................................ New Subject: Name: New Subject: Name: New Subject: Name: New Subject: Name: New Subject: SElU s11&N HOME OF PELICAN ISLAND SEBASTIAN CITY COUNCIL MINUTES REGULAR MEETING WEDNESDAY, MARCH 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. There was a moment of silence. 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 Finance Director, Mark Mason Public Works Director, Terry Hill Golf Course Director, Greg Gardner Airport Director, Jason Milewski Administrative Secretary, Joanne Sandberg AGENDA MODIFICATIONS (ADDITIONS AND/OR DELETIONS) Items not on the wdtten agenda may be added only upon a majodty vote of City Council members (R-99-21) None. City Council Meeting 14, 2001 Page Two 01.079 01.080 01.075 PROCLAMATIONS, ANNOUNCEMENTS AND/OR PRESENTATIONS A. Proclamation ~ National Girl Scout Week - March 11-17, 2001 - Accepted by Dawn Fronduto Mayor Barnes read the proclamation, however, Ms. Fronduto was not present to receive it. B. Proclamation ~ National VNA Week Mayor Barnes read the proclamation and presented it to Brian Walsh. C. Re(~inald Reynolds - Sebastian River Hi(3h School - Audio/Visual Department - City Council Meetinc~ Broadcasts (No Backup) The City Manager introduced Reginald Reynolds, Sebastian River High School Audio/Visual Department, who addressed City Council on entering into a partnership with the City to provide student audio/visual services to the City Council for its meeting broadcasts. City Council discussion followed; and the City Manager stated if it was City Council's wish to move in this direction it was his intention to come back to City Council with an interlocal agreement at the next meeting. MOTION by Hill/Bishop "1 move to direct staff to come up with an agreement with the high school and bring it back before us at the next meeting for our approval or disapproval." Tut Connelly, Sebastian, urged that City Council take more time on this matter. VOICE VOTE on the motion carried 5-0. CITY ATTORNEY MATTERS The City Attorney reported on the fact that representatives of other governmental agencies stated during election night that they observed that things were going well in Sebastian, reported on the outcome of the court decision on a $50 water citation, announced the 3/20/01 Indian River County Commission hearing on the local option gas tax. CITY MANAGER MATTERS The City Manager reported that the golf course bond pre-closing took place yesterday, and presented an award and thank you letter from Jeff Larson, Hanifen, Imhoff to each City Council member. The City Manager also reported that the capital loan agreement had been executed and equipment previously approved will now be purchased and delivered over the next several weeks. City Council Meeting 14, 2001 Page Three 01.077 10. A. Racial Slurs and Attacks by Herbert Sturm (No Backup) The City Manager reported on a verbal racial attack by Herbert Sturm and advised City Council that, due to the slur, he will not be able to communicate Mr. Sturm any further. CITY CLERK MATTERS None. CITY COUNCIL MATTERS Mayor Barnes Reported on a letter of commendation regarding cemetery employees, Kip Kelso and Sylvia Clark Reported on the City's Tree City recertiflcation Inquired about the derelict vessel removal problem Vice Mayor Bishop Asked if the Schumann fountain pressure could be increased; and the Public Works Director reported the fountain was meant to be a flow well and has never sprayed. He offered to take Mr. Bishop to the site. Mr. Barczvk Reported the woman who brought the above referenced item to Council's attention said many years ago it had lights and was a fountain. Advised that many trees in the Schumann median are dead TAPE I - SIDE II (7:40 p.m,) Asked how the Fischer museum was allowed to be painted coral and the City Attorney advised that there was no code prohibiting certain colors on existing buildings. Discussed Barber traffic concerns D. Mr. Hill Congratulated the incumbents for winning the election, and congratulated Mr, Conover for running. Inquired whether future plans to four lane Barber Street have been taken into account during current roadway and bridge improvements The City Attorney reported that the Land Development Code does require approval for painting different colors in overlay districts, The City Manager said he would meet with the Growth Management Director tomorrow on the matter. E. Mr. Majcher Reported on the need for walkways over bridges on city streets 3 ;gular City Council Meeting ~rch 14, 2001 ge Four 11. 12. 13, 14, Discussed speeding concerns on Barber Street in front of the sports complex Said people have contacted him with concerns about the inadequacy of foliage at the new Publix The City Attorney advised that there is a light at Barber and Tulip in the works in the MPO plan Mr. Hill agreed that the Publix landscaping needs to be addressed. Mr. Bishop reported that the Publix development was approved under the old Land Development Code and the City Manager said he had encouraged the developers to move trees from the back of the property to the parking area. 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 - 2/21/01 Special Meeting, 2/28/01 Regular Meeting MOTION by Barczyk/Bishop "1 move to approve the minutes of the 2/21/01 Special Meeting and 2/28/01 Regular Meeting." ROLL CALL: Mr. Bishop - aye Mr. Barczyk - aye Mr. Majcher - aye Mr. Hill - aye Mayor Barnes - aye MOTION CARRIED 5-0 PUBLIC HEARING - None INTRODUCTION OF NEW BUSINESS FROM THE PUBLIC Item that has occurred orwas discovered within the previous six months which is not othen/vise on the agenda - sign-up required - limit of ten minutes for each speaker Bruce Stewart, 678 Jordan Avenue, Sebastian, expressed concern about three dogs, one being a vicious pitbull behind his property and asked for help from Council to require a fence be put up on the property. The City Attorney advised that dog owners are required to keep dogs controlled, but laws do not provide for action prior to an incident. The City Attorney was directed to research the matter and the item was placed on the March 28, 2001 agenda. Sal Neglia, Sebastian, expressed concern for cars parked on the Riverview Park property at the Pelican Island festival. The City Manager said there are off-duty police officers who patrol certain festivities. Mr. Bishop discussed use of an event manager to show people where to set up, etc, COMMITTEE REPORTS/RECOMMENDATIONS None. 4 City Council Meeting 14, 2001 e Five 01.004 01.025 15. OLD BUSINESS A. Police Dispatch Issue - ReQuested by Mayor Barnes (No Backup) MOTION by Hill/Majcher "1 move to leave dispatch as it currently is." ROLL CALL: MOTION CARRIED 5-0 Mr, Barczyk - aye Mr. Majcher - aye Mr. Hill - aye Mayor Barnes - aye Mr. Bishop - aye B. Emergency Water Restrictions - Requested by Mayor Barnes (No Backup) Mayor Barnes said he had contacted other agencies and was still waiting for responses to his requests to schedule a meeting, therefore suggested holding off for now. II. SIDE I (8:25 p.m.) Vice Mayor Bishop expressed concern for waiting due to the urgency of the situation. Mayor Barnes said he would meet with them and bring matter back to the March 28, 2001 agenda. Mr. Barczyk recommended that the water restriction be enforced. Tut Connelly, Sebastian, discussed the water issue. t6. NEW BUSINESS 01.061 Appropriate ~250,000 from Airport Funds and Approve Chanqe Order #1 for Links Construction to Construct New Golf Hole # 11 and Relocate # 17 Tee and Green in the Amount of $250,000 (Golf Course Transmittal, Scope of Work, Links Quote) The City Manager said once authorized, this will replace Council approval from February 14, 2001. The Golf Course Director explained the reasons for the change order and described the adjustment to the course. The Airport Director justified the relocations from an airport standpoint. MOTION by Majcher/Barczyk "1 move to award change order #1 to Links Construction to construct new golf course and relocate the #17 tee and green in the amout of $250,000 and appropriate $250,000 in the airport fund for the project." City Council Meeting 14, 2001 ~ge Six ROLL CALL: MOTION CARRIED 5-0 Mr. Majcher - aye Mr. Hill - aye Mayor Barnes - aye Mr. Bishop - aye Mr. Barczyk - aye 01.078 B. First Reading of Ordinance No. O-01-06 - Repeal of Police Pension Amendments (City Attorney Transmittal, O-01-06) AN ORDINANCE OF THE CITY OF SEBASTIAN, REPEALING ORDINANCE NO. 0-99-38; (POLICE PENSION MODIFICATIONS) PROVIDING FOR AN EFFECTIVE DATE; PROVIDING FOR CONFLICTS. The City Attorney read Ordinance No. O-01-06 by title and reviewed the reasons for repeal of O- 99-38, based upon Division of Retirement recommendation. MOTION by Barczyk/Bishop "1 move to pass Ordinance O-01-06 on first reading and set a public hearing for 3/28/01." ROLL CALL: MOTION CARRIED 5-0 Mr. Hill - aye Mayor Barnes - aye Mr. Bishop - aye Mr, Barczyk - aye Mr. Majcher i aye 17. Approved at the · . Being no further business, Mayor Barnes adjourned the Regular Meeting at 8:50 p.m. Wal,,tm~rnes s City Clerk ,2001 Regular City Council Meeting. HOME OF PEUCAN ISLAND SPECIAL MEETING ELECTION MATTERS SEBASTIAN CITY COUNCIL AGENDA MONDAY, MARCH 19, 2001 - 7:00 P.M. CITY COUNCIL CHAMBERS 1225 MAIN STREET, SEBASTIAN, FLORIDA ALL AGENDA ITEMS MA Y BE INSPECTED IN THE OFFICE OF THE CITY CLERK - 1225 MAIN STREET, SEBASTIAN, FLORIDA '1. CALL TO ORDER 2. PLEDGE OF ALLEGIANCE 3. ROLL CALL ELECTION MATTERS (City Clerk Transmittal 3/14/01, R-01-20 w/Certificate of Canvassing Board) A. Resolution No. R-01-20 - Certificate of Canvassing Board - Election Results A RESOLUTION OF THE CITY OF SEBASTIAN, INDIAN RIVER COUNTY, FLORIDA, PERTAINING TO THE MUNICIPAL ELECTION; PROVIDING FOR CANVASSING OF ELECTION RETURNS; PROVIDING FOR DECLARATION OF RESULTS; DIRECTING THE CLERK TO ENTER THE RESULTS OF THE ELECTION IN THE OFFICIAL MINUTES OF THE MEETING OF THE CITY COUNCIL; PROVIDING FOR REPEAL OF RESOLUTIONS OR PARTS OF RESOLUTIONS IN CONFLICT HEREWITH; AND PROVIDING FOR AN EFFECTIVE DATE. B, Investiture of Newly Elected Officials by City Clerk C. Election of Mayor by New Council D. Election of Vice-Mayor by New Council 5. ADJOURN 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 VERBATIM RECORD OF THE PROCEEDINGS IS MADE, WHICH RECORD INCLUDES THE TESTIMONY AND EVIDENCE WHICH THE APPEAL IS TO BE HEARD. (286.0105 F.S.) 4Al COMPLIANCE WITH THE AMERICANS WITH DISABILITIES ACT (ADA), ANYONE WHO NEEDS A SPECIAL ACCOMMODATION FOR THIS MEETING SHOULD CONTACT THE CITY'S ADA COORDINATOR A T 589-5330 A T LEAST 48 HOURS IN ADVANCE OF THIS MEETING. Hearing Assistance Headphones are Available in the Council Chambers for all Government Meetings HOR/IE OF PEUCAN ISLAND SPECIAL MEETING ELECTION MATTERS SEBASTIAN CITY COUNCIL MINUTES MONDAY, MARCH 19, 2001 - 7:00 P.M. CITY COUNCIL CHAMBERS '1225 MAIN STREET, SEBASTIAN, FLORIDA ALL AGENDA ITEMS MAY BE INSPECTED IN THE OFFICE OF THE CITY CLERK - 1225 MAIN STREET, SEBASTIAN, FLORIDA Mayor Barnes called the Special Meeting to order at 7:00 p.m. The Pledge of Allegiance was recited. City Council Present: Mayor Walter Barnes Vice Mayor Ben A. Bishop Mr. Joe Barczyk Mr. Edward J. Majcher, Jr. Mr. James Hill Staff Present: City Manager, Terrence Moore City Attorney, Rich Stringer City Clerk, Sally Maio ELECTION MATTERS (City Clerk Transmittal 3/14/01, R-01-20 w/Certificate of Canvassing Board) A. Resolution No. R-01-20 - Certificate of Canvassinq Board - Election Results A RESOLUTION OF THE CITY OF SEBASTIAN, INDIAN RIVER COUNTY, FLORIDA, PERTAINING TO THE MUNICIPAL ELECTION; PROVIDING FOR CANVASSING OF ELECTION RETURNS; PROVIDING FOR DECLARATION OF RESULTS; DIRECTING THE CLERK TO ENTER THE RESULTS OF THE ELECTION IN THE OFFICIAL MINUTES OF THE MEETING OF THE CITY COUNCIL; PROVIDING FOR REPEAL OF RESOLUTIONS OR PARTS OF RESOLUTIONS IN CONFLICT HEREWITH; AND PROVIDING FOR AN EFFECTIVE DATE, Mayor Barnes read the proclamation by title. alCial City Council Meeting rch 19, 2001 e Two Approved at the Wf~l~Barnes . City Clerk _~./ MOTION by Bishop/Barczyk "1 move to approve Resolution No. R-01-20," ROLL CALL: Mayor Barnes - aye Mr. Bishop - aye Mr, Barczyk - aye Mr. Majcher - aye Mr. Hill - aye MOTION CARRIED 5-0 (A copy of Resolution R-01-20 and Canvassing Board Certificate are attached) B, Investiture of Newly Elected Officials by City Clerk The City Clerk swore in newly elected City Councilmembers Barczyk, Bishop and Majcher. C. Election of Mayor by New Council MOTION by Majcher/Bishop "1'11 make a motion to keep Walter Barnes as our Mayor for City Council." In accordance with the Charter, since there were no other nominations, Mayor Barnes was re- elected. D. Election of Vice-Mayor by New Council MOTION by Hill/Majcher "1 would go ahead and nominate Ben Bishop to continue as Vice-Mayor." In accordance with the Charter, since there were no other nominations, Vice-Mayor Barnes was re-elected. Being no other business, Mayor Barnes adjourned the Special Meeting at 7:10 p.m '~/~~ c~ ,200~ Regular City Council Meeting, HOME OF~ PEUCAN ISLAND SEBASTIAN CITY COUNCIL AGENDA REGULAR MEETING WEDNESDAY, MARCH 28, 2001 - 7:00 P.M. CITY COUNCIL CHAMBERS '1225 MAIN STREET, SEBASTIAN, FLORIDA ALL AGENDA ITEMS MA Y BE INSPECTED IN THE OFFICE OF THE CITY CLERK - '/225 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) 1. CALL TO ORDER 2, PLEDGE OF ALLEGIANCE 3. INVOCATION - Reverend Ellie Lea - First Presbyterian Church - Sebastian 4. ROLL CALL 5. AGENDA MODIFICATIONS (ADDITIONS AND/OR DELETIONS) Items not on the written agenda may be added only upon a majodty vote of City Council members (R-99-21) 6. PROCLAMATIONS, ANNOUNCEMENTS AND/OR PRESENTATIONS A. Proclamation - National Public Works Week - American Public Works Association Florida Chapter - Public Works Director Accepting B. Proclamation - Confederate History Month - Sons of Confederate Soldiers - Florida Cow Calvary Camp 1680 - Commander Gene Lee Accepting C, Proclamation - Sebastian River High School Band 01.079 D. Sebastian River Area Chamber of Commerce Executive Director Beth Perez - Planning Logistics for Pelican Island Centennial Celebration 7. CITY ATTORNEY MATTERS 01.080 01.081 01.082 01.083 01.084 11. A. Report on Vicious Dogs as Requested at 3/14/01 (No Backup) CITY MANAGER MATTERS A. Report on Publix Landscaping (No Backup) CITY CLERK MATTERS CITY COUNCIL MATTERS Mayor Barnes 1. Appointment of City Council Liaisons to Indian River and Various Governmental Boards (City Clerk Transmittal 3/21/01, Liaison List) B. Vice Mayor Bishop C. Mr. Barczyk D. Mr. Hill E. Mr. Majcher CONSENT AGENDA A#~mson~econsenta~n~ am ~nsidemdmu~eandwillbeenac~d~onemo~n. ~em willbenos~a~discussion of~nsenta~n~ ~msunlessamemberofCity ~un~somques~ ~ whicheven~e ~m willbemmovedandacted ~on s~a~ A. Approval of Minutes - 3/14/01 Regular, 3/19/01 Special Waive Competitive Bid Procedures and Authorize Fourth of July Fireworks Three Year Contract Award to Melrose Pyrotechnics, Inc. in the Amount of $12,500 Per Year with 10% Bonus for Third Year (General Services Administrator Transmittal) Authorize Purchase of Three Decatur Gemini In-Car Video Systems from Law Enforcement Supply Company, Inc. in the Amount of $11,985 ($11,081 from Local Law Enforcement Block Grant) and Installation by Sonic Sounds, Inc. in the Amount of $296 (Police Transmittal, Photo) Resolution No. R-01-25 - Vacation of Easement - Century 21 Professionals Office Building - Lots 1, 2, 3, Block 185, Sebastian Highlands Unit 8 (Growth Management Transmittal 3/21/01, R-01- 25, Application, Site Map, Staff Report, Utility Letters) A RESOLUTION OF THE CITY OF SEBASTIAN, INDIAN RIVER COUNTY, FLORIDA, VACATING CERTAIN EASEMENTS OVER LOTS 1, 2, AND 3, BLOCK 185, SEBASTIAN HIGHLANDS UNIT 8; PROVIDING FOR CONFLICTS HEREWITH; PROVIDING FOR RECORDING; PROVIDING FOR EFFECTIVE DATE. 2 01.078 12, PUBLIC HEARING Procedures for public hea#ngs: (R-99-21) · Mayor Opens Heating · Attorney Reads Ordinance or Resolution · Staff Presentation · Public Input - Limit of Ten Minutes Per Speaker · Staff Summation · Mayor Closes Heating · Council 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 Public Hearing and Final Adoption of Ordinance O-01-06 - Repealing O-99-38 Police Pension Amendment (City Clerk Transmittal, 0-01-06) AN ORDINANCE OF THE CITY OF SEBASTIAN, REPEALING ORDINANCE NO. 0-99-38; ( POLICE PENSION MODIFICATIONS) PROVIDING FOR AN EFFECTIVE DATE; PROVIDING FOR CONFLICTS. 01,085 First Reading and First Public Hearing on Ordinance No. O-01-07 - Land Development Code Text Amendment - Change in Permitted Use - Schedule Second Public Hearing and Final Adoption for 4/11/01 (Growth Management Transmittal 3/21/01, O-01-07, Realty King Letter, Location Map) AN ORDINANCE OF THE CITY OF SEBASTIAN, FLORIDA, AMENDING THE LAND DEVELOPMENT CODE, CITY CODE SECTION 54-2-5.3.2 COMMERCIAL LIMITED DISTRICT (CL), CONDITIONAL USES AND 54-2-6.4 SPECIFIC CRITERIA FOR APPROVING A CONDITIONAL USE PROVIDING LIMITED AVAILABILITY OF TWELVE RESIDENTIAL UNITS PER ACRE; PROVIDING FOR REPEAL OR ORDINANCES OR PARTS OF ORDINANCES IN CONFLICT HEREWITH; PROViDiNG FOR SEVERABILITY; AND PROVIDING FOR AN EFFECTIVE DATE. 01.086 First Public Hearing on Florida Department of Community Affairs Small Cities Community Development Block Grant - Second Public Hearing 4/25/01 (Public Hearing Ad) Receive Citizen Input on the Community's Economic and Community Development Needs Fair Housing Workshop to Explain Fair Housing Ordinance (Fair Housing Ad) Resolution No. R-01-23 - Authorizing the City Manager to Apply for Grant Funding from State of Florida Small Cities Community Development Block Grant Program for Necessary Physical Improvements to City's Low to Moderate Areas (City Manager Transmittal 3/22/01, R-01~23) Citizens Advisory Task Force - Request for City Council Appointee Names by April 11, 2001 01.087 01.025 01.088 01.011 01.089 01.090 01.091 01.092 13. 14. 15. 16. 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 COMMITTEE REPORTS/RECOMMENDATIONS Budget Advisory Review Board 1. Request for City Council Appointee Names by April 11, 2001 (City Clerk Transmittal 3/21/01, Current Member List, Code Language) OLD BUSINESS A. Water Restriction (No Backup) NEW BUSINESS Resolution No. R-01-24 - Communications Workers of America/Collective Bargaining Agreement - 4/01/01 - 09~30~03 (City Manager Transmittal 3/22/01, R-01-24) A RESOLUTION OF THE CITY OF SEBASTIAN, FLORIDA, AUTHORIZING THE CITY MANAGER TO EXECUTE COLLECTIVE AGREEMENT WITH BARGAINING UNIT OF THE CWA FOR TWO AND ONE-HALF YEAR PERIOD; PROVIDING FOR CONFLICT; PROVIDING FOR EFFECTIVE DATE. Resolution No. R-01-21 - Establishing Rates and Hours of Operation for Skate Park Facility (Finance Transmittal 3/20/01, R-01-21, Example of Fee Schedule and Waiver, Example of Punch Card) A RESOLUTION OF THE CiTY OF SEBASTIAN, INDIAN RIVER COUNTY, FLORIDA, PERTAINING TO HOURS OF OPERATION AND FEES AT THE SKATE PARK FACILITY; PROVIDING FOR CONFLICT; PROVIDING AN EFFECTIVE DATE. Resolution No. R-01-22 - Authorize City Manager to Execute Joint Participation Agreement (JPA) for Construction of a Maintenance Facility and Purchase of Equipment for Sebastian Municipal Airport (City Manager Transmittal 3/20/01, R-01-22) A RESOLUTION OF THE CITY OF SEBASTIAN, INDIAN RIVER COUNTY, FLORIDA, AUTHORIZING CITY MANAGER TO EXECUTE PUBLIC TRANSPORTATION JOINT PARTICIPATION AGREEMENT WITH FDOT; PROVIDING FOR CONFLICT; PROVIDING FOR EFFECTIVE DATE. Approve Purchase of Tractor and Cutter from John Deers in the Amount of $40,760.70 from State Contract with 80% Funding from FDOT (Airport Transmittal 3/22/01, Quote on State Contract Pdce) Waive Bidding Process and RLS Lighting of Hollywood, FL Install Lighting for Four New Tennis Courts at Schumann Tennis Park for $26, 817 (Parks Transmittal 3/22/01, Quotes, Park Superintendent Memo) First Reading of Ordinance No. O-01-08 - Amending Chapter 30, Article II Licensing (Finance Transmittal 3/20/01, O-01-08) AN ORDINANCE OF THE CITY OF SEBASTIAN, FLORIDA, AMENDING CITY CODE CHAPTER 30 ARTICLE II LICENSING; PROVIDING FOR CONFLICTS; PROVIDING FOR SEVERABILITY; PROVIDING FORAN EFFECTIVE DATE. 4 17. ADJOURN (All meetings shell adjourn at 10:30 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 MA Y NEED TO ENSURE THAT A VERBA TIM RECORD OF THE PROCEEDINGS iS MADE, WHICH RECORD INCLUDES THE TESTIMONY AND EVIDENCE UPON WHICH THE APPEAL IS TO BE HEARD. (286.0105 F,S,) IN COMPLIANCE WITH THE AMERICANS WITH DISABILITIES ACT (ADA), ANYONE WHO NEEDS A SPECIAL ACCOMMODATION FOR THIS MEETING SHOULD CONTACT THE CITY'S ADA COORDINATOR A T 589-5330 A T LEAST 48 HOURS IN ADVANCE OF THIS MEETING. Hearing Assistance Headphones are Available in the Council Chambers for all Government Meetings. Upcoming Meetincls: Regular Meeting- Wednesday, 4/11/01 - 7pm Regular Meeting- Wednesday, 4/25/01 - 7pm PUBLIC HEARING SIGN-UP SHEET MARCH 28, 2001 ORDINANCE NO. O-01-06 AN ORDINANCE OF THE CITY OF SEBASTIAN, REPEALING ORDINANCE NO. 0-99- 38; (POLICE PENSION MODIFICATIONS) PROVIDING FOR AN EFFECTIVE DATE; PROVIDING FOR CONFLICTS. 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 MARCH 28, 2001 ORDINANCE NO. O-01-07 First Reading and First Public Hearing on Ordinance No. O-01-07 - Land Development Code Text Amendment - Change in Permitted Use - Schedule Second Public Hearing and Final Adoption for 411 AN ORDINANCE OF THE CITY OF SEBASTIAN, FLORIDA, AMENDING THE LAND DEVELOPMENT CODE, CITY CODE SECTION 54-2-5.3.2 COMMERCIAL LIMITED DISTRICT (CL), CONDITIONAL USES AND 54-2-6.4 SPECIFIC CRITERIA FOR APPROVING A CONDITIONAL USE PROVIDING LIMITED AVAILABILITY OF TWELVE RESIDENTIAL UNITS PER ACRE; PROVIDING FOR REPEAL OR ORDINANCES OR PARTS OF ORDINANCES IN CONFLICT HEREWITH; PROVIDING FOR SEVERABILITY; AND 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 PUBLIC HEARING SIGN-UP SHEET MARCH 28, 2001 First Public Hearing on Florida Department of Community Affairs Small Cities CommunityDevelopment Block Grant to Receive Citizen Input on the Community's Economic and Community Development Needs- Second Public Hearing 4/25/01 ~,NAME ,~-~ ~ ADDRESS NAME ,. NAME ADDRESS ADDRESS NAME ADDRESS NAME ADDRESS NAME ADDRESS NAME ADDRESS INTRODUCTION OF NEW BUSINESS FROM THE PUBLIC SIGN-UP SHEET MARCH 28, 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 INTRODUCTION 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: New Subject: Name: -~~~ ~-~~"--~~/ New Subject: ~ ~ f'~'~.,~"'"" ,~ ~ ,~-~+~':? £'""'~": :[~.-.~'+-' ~-~"" / :> ~ Name: New Subject: ::: ......... New Subject' New Subject: V[ ~~..~ Name: New Subject: Name: New Subject: Name: New Subject: Name: New Subject: Name; New Subject: Name: New Subject: Name: New Subject: Name: New Subject: HOME OF PELICAN ISLAND SEBASTIAN CITY COUNCIL MINUTES REGULAR MEETING WEDNESDAY, MARCH 28, 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 Reverend Ellie Lea - First Presbyterian Church - Sebastian. ROLL CALL City Council Present: Mayor Walter Barnes Vice Mayor Ben A. Bishop Mr. Joe Barczyk Mr. James Hill Absent: Mr. Edward J. Majcher, Jr. (Excused) Staff Present: City Manager, Terrence Moore City Attorney, Rich Stringer City Clerk, Sally Maio Finance Director, Mark Mason Airport Manager, Jason Milewski Growth Management Director, Tracy Hass Public Works Director, Terry Hill Parks Superintendent, Chris McCarthy Information Specialist, Ann Rousseau Regular City Council Meeting March 28, 2001 e Two AGENDA MODIFICATIONS {ADDITIONS AND/OR DELETIONS) Items not on the written agenda may be added only upon a majority vote of Cib/ Council members (R-99-21) None. 6, PROCLAMATIONS, ANNOUNCEMENTS AND/OR PRESENTATIONS Proclamation - National Public Works Week - American Public Works Association Florida Chapter - Public Works Director Acceptin(~ Mayor Barnes read and presented the proclamation to Public Works Director, Terry Hill. Proclamation - Confederate Historv Month - Sons of Confederate Soldiers - Florida Cow Calvary Camp 1680 - Commander Gene Lee Accepting Mayor Barnes read and presented the proclamation to Commander Gene Lee. C. Proclamation - Sebastian River Hitch School Band Mayor Barnes read the proclamation honoring the Sebastian River High School Band and urging support for the band's trip to London. 01,079 Sebastian River Area Chamber of Commerce Executive Director Beth Perez - Plannin(~ Lo(~istics for Pelican Island Centennial Celebration (No Backup)) Beth Perez, Executive Director, Sebastian River Area Chamber of Commerce, introduced Penny Chandler, Indian River County Chamber of Commerce, reported on proposed activities and a ten day celebration scheduled for the Pelican Island Wildlife Refuge Centennial Celebration in 2003. She said the group that has been meeting to discuss the proposed celebration recommends that a steering committee be established to promote the event and seek out participation by other organizations. She requested City Council endorsement of a joint committee of both Chambers which will then work to include other participants. City Council members present unanimously endorsed the effort, Mayor Barnes requested periodic reports from the committee. 7. CITY ATTORNEY MATTERS 01.080 A. Report on Vicious Do(~s as Re(~uested at 3/14/01 (No Backup) The City Attorney reported that if Council wished to pursue some type of action, he could draft language, and further suggested that he could contact someone expert in different species to address Council. He advised that in most cases, dogs are given one opportunity and once bite, hearings are required. Discussion took place on videotaping the animal's activities to demonstrate the threat imposed; the need to keep animals under control, i.e. leashed or within an enclosure; and the possibility of beefing up the City's fencing requirement. Bruce Stewart, Jordan Avenue, Sebastian, addressed Council relative to a vicious dog adjacent to his property, stating that it is the City's responsibility to protect its citizen; and agreed to submit photos of the dog to the City Manager. The City Attorney advised Mr, Stewart that Animal Control is a County jurisdiction issue. Mr. Stewart was advised that staff could contact County personnel to ascertain what steps could be taken. gular City Council Meeting arch 28, 2001 ge Three 8. CiTY MANAGER MATTERS 01.081 A. Report on Publix LandscaDinc~ (No Backu/~) The Growth Management Director said the Publix project was approved under the less stringent provisions of the prior Land Development Code; gave a brief update on coordination with the developer to upgrade the landscaping; and advised that replacement trees and shrubs will be installed by next Tuesday. TAPE I - SIDE II (7:47 p.m,) B. Report on Barber Street Traffic Controls The City Manager reported that he had been working with the City Engineer on Barber Street traffic control. He distributed a letter dated November 29, 2000 from Christopher Mora, indian River County Traffic Engineer, regarding proposed traffic signals at Barber and Schumann and Barber adjacent to the fire station (see attached). He advised that these issues can be addressed in the upcoming budget; and further discussed the installation of enhanced signage on Barber Street. City Council discussion followed on the possibility of establishment of a four way stop; and including interested citizens in the process. The City Manager advised that citizens can contact City Engineer, Ralph Brescia. It was suggested that radar be used more often, and brighter signs be used. Discussion took place on uniform speed limits, which the City Manager stated, is an engineering issue. It was the consensus of City Council to direct the City Manager to move forward on this matter. The City Manager reported on today's newspaper article and comment by County Chairperson Caroline Ginn regarding redistricting, noting that City Council had recommended further representation for the north county and not a single seat for the City of Sebastian as stated in the article. He advised that Chairperson Ginn had apologized for her comment and stated she had been misinformed. 9. CITY CLERK MATTER,,~ None. 10. CITY COUNCIL MATTERS 01.082 A. Mayor Barnes Discussed the Capital Sanitation payment process. The City Attorney advised that people who paid in advance are being charged a retroactive franchise fee by Capital Sanitation, and that he had advised people that if their checks were accepted as paid in full they may not have to pay the additional charge. Appointment of City Council Liaisons to Indian River and Various Governmental Boards (City Clerk Transmittal 3/21/01, Liaison List) All positions remained the same (see list attached). Mayor Barnes said he would contact Nancy Diamond for periodic updates on the Indian River County Parks and Recreation Committee. Regular City Council Meeting March 28, 2001 e Four B. Vice Mayor Bishop Mayor Barnes reported he had a meeting scheduled for April 12, 2001 with Commissioner Fran Adams, and representatives of other municipalities; updated Council on problems with the Sebastian aquifer; and urged enforcement of existing restrictions. Mr. Bishop suggested having emergency restrictions in place so that if a further emergency arises it can be adopted immediately. The City Attorney advised that further restrictions can be done by resolution in accordance with the water restriction ordinance and said he would distribute a proposed resolution to Council during recess. Mr. Bishop asked that the item be placed on the next agenda and Mr. Hill suggested a workshop. C. Mr. Barczyk Mr. Barczyk reported on an Indian River County Code Enforcement Board meeting; inquired about the status of the Capital Sanitation agreement rewrite, to which the City Attorney responded it would be on the next agenda; and asked what can be done with Cornerstone Property, to which the City Manager responded he had asked Code Enforcement to look into it and the possibility of liening the property. TAPE II - SIDE I (8:35 p.m.) The Growth Management Director said he was meeting with a developer who is purchasing a portion of the Cornerstone property tomorrow. Mr. Barzcyk was advised that Schumann Drive median improvements are on-going and the Public Works Director invited Mr. Barczyk to visit the fountain with him. D. Mr. Hill Mr. Hill stated that the skateboard park, and City playground improvements are looking great. E. Mr. Majcher Absent. 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 - 3/14/01 Regular, 3/19/01 Special 01.018 Waive Competitive Bid Procedures and Authorize Fourth of July Fireworks Three Year Contract Award to Melrose Pyrotechnics, Inc. in the Amount of $12,500 Per Year with 10% Bonus for Third Year (General Services Administrator Transmittal) 01.083 Authorize Purchase of Three Decatur Gemini In-Car Video Systems from Law Enforcement Supply Company, Inc. in the Amount of $11,985 ($11,081 from Local Law Enforcement Block Grant) and Installation by Sonic Sounds, Inc. in the Amount of $296 (Police Transmittal, Photo) 01,084 Resolution No. R-01-25 - Vacation of Easement - Century 21 Professionals Office Building - Lots 1, 2, 3, Block 185, Sebastian Highlands Unit 8 (Growth Management Transmittal 3/21/01, R-01- 25, Application, Site Map, Staff Report, Utility Letters) 4 :egular City Council Meeting 28, 2001 Page Five A RESOLUTION OF THE CITY OF SEBASTIAN, INDIAN RIVER COUNTY, FLORIDA, VACATING CERTAIN EASEMENTS OVER LOTS 1, 2, AND 3, BLOCK 185, SEBASTIAN HIGHLANDS UNIT 8; PROVIDING FOR CONFLICTS HEREWITH; PROVIDING FOR RECORDING; PROVIDING FOR EFFECTIVE DATE. The City Attorney read Resolution No, R-02-25 by title. Mr, Bishop removed item A and Mr. Hill removed item B. MOTION by Barczyk/Hill "1'11 make a motion to approve C and D." ROLL CALL: Mayor Barnes - aye Mr, Bishop - aye Mr. Barczyk - aye Mr. Majcher - absent Mr. Hill - aye MOTION CARRIED 4-0 Item A - Minutes Mr. Bishop noted a typo on the March 14, 2001 Hill Matters which, he was advised by the Clerk, had been corrected. MOTION by Bishop/Barczyk "1 make a motion to approve consent agenda item A." ROLL CALL: Mr. Bishop - aye Mr. Barczyk - aye Mr. Majcher - absent Mr. Hill - aye Mayor Barnes - aye MOTION CARRIED 4-0 Item B - Fireworks Mr. Hill expressed concern for limiting future fireworks celebrations by entering into this agreement for the next three years, based on prior year's displays. The City Attorney advised that additional displays can always be ordered; and the City Manager recommended bringing in a representative of the company to address City Council on the matter to possibly renegotiate. MOTION by Hill/Barczyk "1 would move approval of item B of the consent agenda." ROLL CALL: Mr. Barczyk - aye Mr. Majcher - absent Mr. Hill - aye Mayor Barnes - aye Mr. Bishop - aye MOTION CARRIED 4-0 Regular City Council Meeting March 28, 2001 lage Six 01.078 01.085 12. It was the consensus of Council to direct the City Manager to look into additional displays with the company. PUBLIC HEARING Public Hearing and Final Adoption of Ordinance O-01-06 - Repealing O-99-38 Police Pension Amendment (City Clerk Transmittal, 0-01-06) AN ORDINANCE OF THE CITY OF SEBASTIAN, REPEALING ORDINANCE NO. 0-99-38; ( POLICE PENSION MODIFICATIONS) PROVIDING FOR AN EFFECTIVE DATE; PROVIDING FOR CONFLICTS, Mayor Barnes opened the public hearing at 8:45 p.m.; and the City Attorney read Ordinance No. O-01-06 by title and briefly explained its purpose. Being no input, Mayor Barnes closed the public hearing, MOTION by Barczyk/Hill "1'11 move to adopt Ordinance O-01-06." ROLL CALL: Mr, Majcher - absent Mr. Hill - aye Mayor Barnes - aye Mr. Bishop - aye Mr. Barczyk - aye MOTION CARRIED 4-0 Mayor Barnes called recess at 8:45 p.m. and reconvened the meeting at 9:02 p.m, All members present at roll call were present when the meeting was reconvened. First Readin(~ and First Public Hearin(~ on Ordinance No, O-01-07 - Land Development Code Text Amendment - Chancre in Permitted Use - Schedule Second Public Hearing and Final AdoPtion for 4/11/01 (Growth Management Transmittal 3/21/01, 0-01-07, Rea/tv King Letter, Location Map) AN ORDINANCE OF THE CITY OF SEBASTIAN, FLORIDA, AMENDING THE LAND DEVELOPMENT CODE, CITY CODE SECTION 54-2~5.3.2 COMMERCIAL LIMITED DISTRICT (CL), CONDITIONAL USES AND 54-2-6,4 SPECIFIC CRITERIA FOR APPROVING A CONDITIONAL USE PROVIDING LIMITED AVAILABILITY OF TVVELVE RESIDENTIAL UNITS PER ACRE; PROVIDING FOR REPEAL OR ORDINANCES OR PARTS OF ORDINANCES IN CONFLICT HEREWITH; PROVIDING FOR SEVERABILITY; AND PROVIDING FOR AN EFFECTIVE DATE. Mayor Barnes opened the public hearing at 9:03 p.m,; and the City Attorney read Ordinance No. O-01-07 by title The Growth Management Director explained the proposed text amendment is based on ZCS Senior Housing's request for City Council support for its facility; that it will allow up to twelve units per acre in commercial limited zoning districts as a conditional use. He advised that following this first hearing, Planning and Zoning will conduct a hearing on April 5, 2001 and then it will come back to City Council for a final hearing on April 11, 2001. The City Attorney advised that the conditional use only applies in the event the use qualifies as a state or federally sponsored housing initiative. Being no further input, Mayor Barnes closed the public hearing. 6 Regular City Council Meeting March 28, 2001 age Seven MOTION by Hill/Bishop "1 move that we hold a first reading and public hearing for Ordinance No. O-01-07 and schedule a second reading and public hearing for April 11, 2001." ROLL CALL: Mr. Hill - aye Mayor Barnes * aye Mr. Bishop - aye Mr. Barczyk - aye Mr. Majcher - absent MOTION CARRIED 4-0 01.086 First Public Hearina on Florida Department of Community Affairs Small Cities Community Development Block Grant (CDBG) - Second Public Hearing 4/25/01 (Public Hearing Ad) Mayor Barnes opened the public hearing at 9:12 p.m. and the City Manager read Resolution No. R-01-23 by title. The City Manager made a brief presentation and sought authorization to apply for grant funding for Louisiana Avenue infrastructure improvements such as drainage, sidewalks, etc. in the approximate amount of $600,000. He then introduced Fred Fox, who will act as the City's representative in the administrative process. Mr. Fox distributed a sign-up sheet to the audience as a requirement of the fair housing workshop. He then proceeded to explain that this is the first of two required hearings for the Community Development Grant application process, and explained the four categories and use of CDBG funds available. He advised that the program mandates that the funding benefit Iow to moderate income people; and focused on Neighborhood Revitalization which includes all types of public works projects such as water, sewer, drainage, recreational, paving, etc. Receive Citizen Input on the Community's Economic and Community Development Needs Edmund Tourigny, 150 Grace's Landing #112, said Louisiana Avenue is treacherous for walkers. Robert Kipka, 1010 Grace's Landing #102, suggested connecting a Louisiana sidewalk with a Main Street sidewalk. Leona Raymond and George Murray, Grace's Landing had signed but declined to speak at this time. Others who had signed were signed up for another item. Doug Flood, 924 Louisiana Avenue, Sebastian, asked if Louisiana Avenue residents will be involved in the development of the improvements. The City Manager advised that he was seeking authorization to apply for the grant TAPE I/- SIDE II (9:30 p.m.) and that a new citizens advisory task force must be established for appointment by Council on April 11, 2001 and a task force meeting on April 18, 2001. It was decided that each City Council member would appoint one member and then two at-large members will be advertised for and appointed. Mr. Fox advised that a survey of the subject location will be undertaken. 7 Regular City Council Meeting March 28, 2001 Eight 13. 2. Fair Housing Workshop to Explain Fair Housina Ordinance (Fair Housing Ad) Mr. Fox explained that the City passed a fair housing ordinance (Ordinance No. O-95-07) which was adopted in 1995, and that in addition to this fair housing workshop conducted tonight, one other fair housing workshop will be conducted on April 25, 2001 for real estate professionals in the community. He said there are copies of the ordinance available to the public. Resolution No. R-01-23 - Authorizing the City Manager to Apply for Grant Fundin(~ from State of Florida Small Cities Community Development Block Grant Pro(~ram for Necessary Physical Improvements to City's Low to Moderate Areas (City Manager Transmittal 3/22_/01. R-01-2~ MOTION by Barczyk/Bishop "1 move to approve Resolution R-01-23 authorizing the City Manager or his designee to apply for funding from the State of Florida Small Cities Community Development Block Grant Program for the necessary physical improvements to the City Iow to moderate ." ROLL CALL: Mayor Barnes - aye Mr. Bishop - aye Mr. Barczyk - aye Mr. Majcher - absent Mr. Hill - aye MOTION CARRIED 4-0 Citizens Advisory Task Force - Request for City Council Appointee Names bv April 11, 2001 See prior discussion. 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 Mort Smedley and Nelson Vose presented a petition regarding increased traffic on Barber Street. (See title page attached). Bill Comeau, 1711 Barber Street, Sebastian, said that every police officer should be enforcing the codes of the City. Dan Mora, 1673 Barber Street, Sebastian, said he and his wife are afraid to back out of their driveway on Barber Street. Lawrence Flynn, 1670 Adde Street, Sebastian, recommended a pedestrian crossing light at Barber and Schumann; and expressed concern regarding construction trucks using Powerline Road. Sal Neglia, Sebastian, agreed with stated recommendations on further water restrictions; discussed boat trailers parked behind the Chamber of Commerce and lack of enforcement of no parking regulations; and expressed concern about the paint color on the Mel Fisher museum. The Growth Management Director said letters are being mailed out to all property owners regarding color provisions. Regular City Council Meeting March 28, 2001 e Nine 14. COMMITTEE REPORTS/RECOMMENDATIONS 01.087 Budget Advisory Review Board 1. Request for City Council Appointee Names by April 11, 2001 (City Clerk Transmittal 3/21/01, Current Member List, Code Language) City Council was advised that Budget Advisory Review Board appointments will be made at the April 11, 2001 meeting therefore they should submit their appointees' names prior to that date. 15. OLD BUSINESS 01,025 A. Water Restriction (No Backup) The City Manager provided Council members with water conservation posters. 16. NEW BUSINESS 01.088 Resolution No. R-01-24 - Communications Workers of America/Collective Bargaining Agreement - 4/01/01 - 09/30/03 (City Manaoer Transmittal 3/22/01, R-01-24) A RESOLUTION OF THE CITY OF SEBASTIAN, FLORIDA, AUTHORIZING THE CITY MANAGER TO EXECUTE COLLECTIVE AGREEMENT WITH BARGAINING UNIT OF THE CWA FOR TWO AND ONE-HALF YEAR PERIOD; PROVIDING FOR CONFLICT; PROVIDING FOR EFFECTIVE DATE. The City Attorney read Resolution No. R-01-24 by title. Steve DiTrapano, staff member and CWA representative, stated this was a good contract and thanked all those involved. Mr. Bishop expressed concern that there was no reference in the backup to changes from the previous contract, and requested, in the future, a copy of the prior contract to make comparisons. TAPE III - SIDE I (10:20 P.M.) MOTION by Hill/Barczyk "1 would move to approve Resolution R-01-24 authorizing the City Manager to execute the Collective Agreement with the bargaining unit of the Communications Workers of America for a two and one-half year period, beginning April 1, 2001 through September 30, 2003." ROLL CALL: Mr. Bishop - aye Mr. Barczyk - aye Mr. Majcher - absent Mr. Hill - aye Mayor Barnes - aye MOTION CARRIED 4-0 Regular City Council Meeting March 28, 2001 e Ten 01.011 Resolution No, R-01-21 - Establishing Rates and Hours of Operation for Skate Park Facility (Finance Transmittal 3/20/01, R-01-21, Example of Fee Schedule and Waiver, Exam~)le of Punch Card) A RESOLUTION OF THE CITY OF SEBASTIAN, INDIAN RIVER COUNTY, FLORIDA, PERTAINING TO HOURS OF OPERATION AND FEES AT THE SKATE PARK FACILITY; PROVIDING FOR CONFLICT; PROVIDING AN EFFECTIVE DATE. The City Attorney read Resolution No. R-01-21 by title; and the City Manager briefly described the development of the rate schedule. MOTION by Bishop/Barczyk "1'11 make a motion to extend the meeting no later than 11 pm," ROLL CALL: Mayor Barnes - aye Mr. Bishop - aye Mr. Barczyk - aye Mr. Majcher - absent Mr, Hill - aye MOTION CARRIED 4-0 Discussion continued on rates and the need for avenues to ensure that everyone will be able to afford to use the park. The City Manager advised that, based on grant requirements, the user fee has to be equal for all users. It was suggested that periodically the City could sponsor free days. The Finance Director advised that fees can be changed at any time once costs are determined. Carolyn Corum, Dolores Street, Sebastian, said she hoped that this would not be treated as an enterprise fund and suggested a nominal annual membership fee. MOTION by Bishop/Barczyk 'TII move to adopt Resolution R-01-21," ROLL CALL: Mr. Barczyk - aye Mr. Majcher - absent Mr. Hill - aye Mayor Barnes - aye Mr. Bishop - aye MOTION CARRIED 4-0 01.089 C. Resolution No. R-01-22 - Authorize City Manager to Execute Joint Participation Agreement (JPA) for Construction of a Maintenance Facility and Purchase of Equipment for Sebastian Municipal Airport (City Mana(Ter Transmittal 3/20/01~ R-01-22) A RESOLUTION OF THE CITY OF SEBASTIAN, iNDIAN RIVER COUNTY, FLORIDA, AUTHORIZING CITY MANAGER TO EXECUTE PUBLIC TRANSPORTATION JOINT PARTICIPATION AGREEMENT WITH FDOT; PROVIDING FOR CONFLICT; PROVIDING FOR EFFECTIVE DATE. The City Attorney read Resolution No. R-01-22 by title, and the Airport Director briefly addressed Council on this and the next agenda item. ]0 Regular City Council Meeting March 28, 2001 'age Eleven 01.090 D. 01.091 E. MOTION by Bishop/Barczyk "1 move to adopt Resolution R-01-22." ROLL CALL: Mr. Majcher - absent Mr. Hill - aye Mayor Barnes - aye Mr. Bishop - aye Mr. Barczyk - aye MOTION CARRIED 4-0 Approve Purchase of Tractor and Cutter from John Deere in the Amount of $40,760.70 from State Contract with 80% Funding from FDOT (Airport Transmittal 3/22/01, Quote on State Contract Price) MOTION by Hill/Barczyk "1 move to approve the purchase of a tractor and cutter from John Deero in the amount of $40,760.70 and appropriate same." ROLL CALL: Mayor Barnes - aye Mr. Bishop - aye Mr. Barczyk - aye Mr. Majcher - absent Mr, Hill - aye MOTION CARRIED 4-0 Waive Bidding Process and RLS Lightinq of Hollywood, FL Install Lighting for Four New Tennis Courts at Schumann Tennis Park for $26, 817 (Parks Transmittal 3/22/01, Quotes, Park Su/~erintendent Memo) The Parks Superintendent briefly explained the sole source based on prior fixture installations at the courts. Mr. Hill expressed concern for waiver of bids. MOTION by Barczyk/Hill "1 move to waive bidding process and have RLS Lighting of Hollywood, FL install lighting for the four new tennis courts at Schumann Tennis Park for $26,817.00. ROLL CALL: Mr. Hill - aye Mayor Barnes - aye Mr. Bishop - aye Mr. Barczyk - aye Mr, Majcher - absent MOTION CARRIED 4-0 ]! Regular City Council Meeting March 28, 2001 e Twelve 01,092 F. First Reading of Ordinance No. O-01-08 - Amendina Chapter 30, Article II Licensing (Finance Transmittal 3/20/01, O-01-08) AN ORDINANCE OF THE CITY OF SEBASTIAN, FLORIDA, AMENDING CiTY CODE CHAPTER 30 ARTICLE II LiCENSiNG; PROVIDING FOR CONFLICTS; PROVIDING FOR SEVERABILITY; PROVIDING FORAN EFFECTIVE DATE. The City Attorney read Ordinance No, O-01-08 by title and the Finance Director briefly advised that this is a clean-up and strengthening of the ordinance. He responded to questions from Council regarding deletion of certain occupations. The Finance Director stated that these types of facilities are not allowed in the City. MOTION by BarczykJBishop "1 move to approve Ordinance O-01-08 on first reading and set a public hearing for April 25, 2001 and authorize the advertisement of same." ROLL CALL: Mr. Barczyk - aye Mr. Majcher - absent Mr. Hill - aye Mayor Barnes - aye Mr, Bishop - aye MOTION CARRIED 4-0 17, Being no further business, Mayor Barnes adjourned the Regular Meeting at 10:57 p.m, Approved at the ~//~ ,2001 Regular City Council Meeting. / Walter Barnes 12