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HomeMy WebLinkAbout04122000SEBASTIAN CITY COUNCIL MINUTES REGULAR MEETING WEDNESDAY, APRIL 12, 2000 - 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 Police Chaplain Frank Camillo, First Baptist Church, Barefoot Bay. CALL City Council Present: Mayor Walter Barnes Vice Mayor Ben A. Bishop Mr. Joe Barczyk Mr. Edward J. Majcher, Jr. Mr. James Hill ~t~ present: City Manager, Terrence Moore City Attorney, Rich Stringer City Clerk, Kathryn O'Halloran Growth Management Director, Tracy Hass Chief of Police, Randy White Finance Director, Mark Mason Assistant Public Works Director, Jerry Converse Deputy City Clerk, Sally Maio ular City Council Meeting April 12, 2000 Page Two 00.082 00.083 00.084 00.085 00.086 00.062 00.087 AGENDA MODIFICATIONS (ADDmON~ AND/OR DELETIONS) Items not on the written agenda may be added only upon a majority vote of City Council members (R-99-21) The City Attorney requested addition of the following items to the agenda: 1) partial release of utility easement; and 2) claim of estate. There was no objection from Council. Mayor Barnes asked if the Publix annexation should take place prior to the Preliminary Plat approval; and the City Attorney advised him that one of the conditions of the preliminary plat is approval of the annexation. PROCLAM,~TIONS, ANNOUNCEM~ITS AND/OR PRESENTATIONS A. pre~pl~tation of Blue Ribbon~ tp City Council by Hibisc~l~ ~;hildren's Center Judith Martin, Hibiscus Children's Center presented blue ribbons to City Council and urged they be worn in recognition of April being Child Abuse Prevention Month. B. Presentation of Certificate - I~mployee of the Fouttll Quarter 1999 - Nancy Veldt Mayor Barnes presented a plaque to Employee of the Fourth Quarter 1999 Nancy Veldt. C. Proclam.~{;)l~ - National Nurses YVeek - May 6-12, 2000 - In{~ Fielding. R,N, - Americaq Nurse~ /~ssqciation and Florida NtarSes Association Mayor Barnes read and presented the National Nurses Week proclamation to Inez Fielding. D. Proclamation - Law Week~ 2000 - Jennifer J. Hub~r. Co-Chair, Indian Rival.Bar Association Mayor Barnes read and presented the Law Week proclamation to Jennifer Huber. E. Proclamp~iQn - Florida Confederate History Month - April 2000 - First Florida Cow Calya~ry #1680 Mayor Barnes read and presented the Florida Confederate History Month to a representative of the First Florida Cow Calvary. F. Proclamation - Census Awaret~ess Month - April 2000 - Eulp Robinson-Clark. US Local Census Bureau Mayor Barnes read and presented the Census Awareness Month proclamation to Eula Robinson- Clark. Ms. Robinson-Clarke said Sebastian is at the top of the line in responses in this region. CITY ATTORNEY MATTER,~ A. Discuss R,~quested Redistricting Resolution (No Ber,~!Jp) The City Attorney distributed a draft resolution for Council review and said he would place it on the Apdl 26, 2000 regular meeting agenda. The City Attorney reported on today's settlement of the Solgot lawsuit. ,~l~,Regular City Council Meeting pri112, 2000 l~Page Three Partial Release g.f Reserved Right to Utilize Easement The City Attorney explained the release and noted this is the St. Johns River Water Management Property. MOTION by Barnes/Barczyk "Authorize Mayor and Clerk to execute a utility release.' ROLL CALL: Mayor Barnes - aye Mr. Bishop - aye Mr. Barczyk - aye Mr. Majcher - aye Mr. Hill - aye MOTION CARRIED 5-0 Claim on_ Esl[ate of Ann Marie Fisher The City Attorney stated the city had received a claim in the amount of $13,000 from the estate of Ann Marie Fisher; that $10,000 of the funds are covered by the city's liability insurance; and that restitution to the city could be a condition of probation. MOTION by BarczykJBishop ~1 move we accept the recommendation as recommended by the attorney, on the money and sum of paying $3,000." ROLL CALL: Mr. Bishop - aye Mr. Barczyk - aye Mr. Majcher - aye Mr. Hill - aye Mayor Barnes - aye MOTION CARRIED 5-0 The City Attorney said he is reviewing proposed park policy and will bring forth a recommendation. 8. CITY M/t, NAGER MATTERS Advised that he will not submit application for a CDBG Economic Development grant at this time as previously reported Reported that permits for median welcome signs have been authorized by FDOT, a ribbon cuffing ceremony will be scheduled, the existing south sign will be removed by the property owner; and received consensus of Council to offer the north limit sign to the Historical Society Said there will be a 4/26/00 presentation to respond to questions about Yacht Club restrooms/ showers Mr. Barczyk asked if restrooms at the Chamber of Commerce will be opened to the public and the City Manager said he will address this also. p Regular City Council Meeting pri112. 2000 age Four 10. CITy CLERK MATTER~ None. CITY COUNCil, MATTERS A. Vic~ Mayor BishoD · Received a brief update on the Capital Sanitation/Treasure Coast Sanitation matter. B. Mr. Barc~k · Received consensus on a request for a city letter that he can take to various cities he will visit on his trip to Europe · Said he had heard favorable comments about new Riverview Park sidewalks TAPE I - SIDE II (7:47 p.m.) 00.075 · Inquired about the newly installed barricade on the Fleming Street bridge. Mr. Majcher · Inquired further on the bridge repair and the City Manager said he would update Council after April 17 Reported that MPO voted 8-1 to begin the process to add one more voting member for Sebastian Mayor Barne~ 1, Liaison_Appointments - L{!pd Acquisition. MPO Citizen Comn~ittee. Recreation Cql~mittee (City Clerk Transmittal 3/29/00. IRC Resolutions) Mayor Barnes made the following appointments: Land Acquisition Committee - Ed Majcher Indian River County Recreation Committee - Nancy Diamond Metropolitan Planning Organization Citizen Advisory Committee - Harry Thomas Mayor Barnes: · Was informed the city could not try to repossess property it had deeded to Cornerstone · Stated he would call on individual Council members in rotation during deliberation of agenda items 4 pegular City Council Meeting ri112, 2000 Page Five 11. CQ.I~ISENT AGENDA All ~tems on the consent agenda are considered routine and w~l be enacted by one motion. There wSI be no separate ~scussion of consent agenda items un. ss a member of Clly Council se requests; in which event, the item wSI be removed and acted upon separately. A. Approval of Minutes - 3/20/00 Special Meeting, 3/22/00 Regular Meeting The City Manager read the consent agenda. MOTION by Bishop/Barczyk "1'11 move to approve the consent agenda item A." ROLL CALL: Mr. Barczyk - aye Mr. Majcher - aye Mr. Hill - aye Mayor Barnes - aye Mr. Bishop * aye MOTION CARRIED 5-0 12. ~I,I/~$1.,,IUDIClAL PUBLIC HEARING (Procedures on back of agenda) Resolution No. R-00-~{~ - publix Indian River Subdivision Preliminary Plat (Growth Management Transmittal 3/31/00, R-00-18, Application, Staff~[el;)ort. Preliminary Report. Location Map) a RESOLUTION Of THE CITY Of SEBASTIAN, INDIAN RIVER COUNTY, FLORIDA, APPROVING THE PRELIMINARY PLAT FOR A SUBDIVISION KNOWN AS PUBLIX INDIAN RIVER SUBDIVISION LOCATED AT THE NORTHWESTERN CORNER OF THE INTERSECTION OF U.S. HIGHWAY 1 AND BARBER STREET; PROVIDING FOR CONFLICTS HEREWITH; PROVIDING FOR EFFECTIVE DATE. Mayor Barnes opened the quasi-judicial public hearing, and the City Clerk swore in all those who intended to offer testimony. There was no ex-parte communication to be disclosed. Attorney Warren Dill and David Moore, representing applicant Boos Development Group, Inc., presented the preliminary plat request and conceptual plans; and responded to questions from Council, briefly touching on the annexation request and cost share agreement which appear later on this agenda. The Growth Management Director presented the staff report and recommended approval. Mayor Barnes opened the floor for anyone in favor of or opposed to the request, however, them was no public input. egular City Council Meeting pri112, 2000 Page Six The City Attorney read Resolution No. R-00-18 by title. MOTION by BarczykJHill "1 move that we hold a public headng and approve Resolution No. R-00-18 for Publix Indian River Subdivision." ROLL CALL: Mr. Majcher - aye Mr. Hill - aye Mayor Barnes - aye Mr. Bishop - aye Mr. Barczyk - aye MOTION CARRIED 5-0 13. INTRODUCTION OF NEW BUSINESS FROM THE PUBLIC Item that has occun'ed or was discovered within the previous six months which is not othe~vise on the agenda - sign- up required - limit of ten minutes for each speaker Sal Neglia, Sebastian, discussed the needed replacement of blue road markers by Indian River County due to the city paving project and suggested that restoration should be included in future contracts; said some members of the Sebastian Property Owners Association believe that not enough drainage work is being done. 14. The City Attorney reported on his progress on reimbursement procedures for damage to city streets. Rich Taracka, Sebastian, discussed the water shortage; and boat trailer parking at Cavcorp. Mayor Barnes called recess at 8:28 p.m. and reconvened the meeting at 8:42 p.m. All members were present. COM MIJ--EEI~ REPORTSlRECOM M END.~TIQ.N~ 00.077 citi~erl Budget Review Advisory Boar(;I (City Clerk Transmittal, Applications, Board Member List, Ad) 1. Formal Appointment of Larry Napier and David Foster for Two Year Terms to 3/2002 2. Interview, Unless Waived, and Appoint Two At-Large Members for One Year Terms to 3/2001 MOTION By Barnes/Bishop "1 '11 make a motion to appoint Larry Napier to one of the two year terms on the Citizens Budget Review Advisory Board." ROLL CALL: Mr. Hill - aye Mayor Barnes - aye Mr. Bishop - aye Mr. Barczyk - aye Mr. Majcher - aye MOTION CARRIED 5-0 {~paegUlar City Council Meeting pri112, 2000 ge Seven MOTION by Hill/Bishop "1 move to formally appoint David Foster to the Citizens Budget Review Advisory Board~" ROLL CALL: Mayor Barnes - aye Mr. Bishop - aye Mr. Barczyk - aye Mr. Majcher - aye Mr. Hill - aye MOTION CARRIED 5-0 City Council interviewed Sara Marshall and Richard Smith. MOTION by Barczyk/Barnes ~l'd like to make a motion that we reapprove Richard Smith for the Budget Review Board." (One year) ROLL CALL: Mr. Bishop - aye Mr. Barczyk - aye Mr. Majcher - aye Mr. Hill - aye Mayor Barnes - aye MOTION CARRIED 5-0 MOTION by Bishop/Hill "1'11 move to appoint Sara Marshall as the second at-large member on the Budget Advisory Committee." (One year) ROLL CALL: Mr. Barczyk - aye Mr. Majcher - aye Mr. Hill - aye Mayor Barnes - aye Mr. Bishop - aye MOTION CARRIED 5-0 TAPE II - SIDE I (8:47 p.m.) 00.067 B. ~ode J~rl~)rcement Board (City Clerk Transmittal, 3 Applications, Board Member List, Ad) 1. Interview, Unless Waived, and Appoint Businessman Position with Term to Expire 3/1/2003 City Council interviewed Joel Kea, and Camille Loughlin-Bowers. Mr. Neuberger was not present. MOTION by Majcher/Bishop "1 make a motion to appoint Joel Alan Kea to the businessman position with term to expire March 1,2003." 7 _egular City Council Meeting pril 12, 2000 Page Nine ROLL CALL: Mr. Majcher - aye Mr. Hill - nay Mayor Barnes - aye Mr. Bishop - aye Mr. Barczyk - nay MOTION CARRIED 3-2 (Hill, Barczyk- nay) 00.034 15. O[,P IBU~INESS A. Status Report on City Hall R.~noyation..~ (City Manager Transmittal 4/3/00. Slide Presentation. Life Cycle Cost and Floor Space Requirement) The Growth Management Director presented cost analysis on renovation of the existing city hall and a new city hall; and the City Manager presented five scenarios (see attached) and sought direction from Council. TAPE II- SIDE fl (9:35 p.m.) Following a lengthy discussion, it was the consensus of Council for staffto proceed. (Staff recommendation was to direct staff on Council's wishes regarding pursuance of grants and continuance of planning/preliminary design stage for upgrades to the City Hall complex) Waterline Installation Requests (City Manager Transm~al.4/4/00, Greenhalch Letter 3/29/00) The City Manager sought direction from Council regarding water line extension requests from U.S. I business owners. It was the consensus of Council that in the future, the City Manager need not bdng the requests to Council each time but should forward them to indian River County as he receives them. 16. NEW BUSINESS 00.088B First Readina el= Ordinance No. O-00-10 - Voluntary Annexation - Boos Deve.!Ol~nL3er~t Group, Inc, - Publix- Schedule Public Hearir~g.[gr 4~6/00 (Growth Management Director 3/31/00, LaUder of_ Request. Q-00-10 W! Location Map. and Chapter 171,044 FS) AN ORDINANCE OF THE CITY OF SEBASTIAN, INDIAN RIVER COUNTY, FLORIDA, PROVIDING FOR THE VOLUNTARY ANNEXATION OF 5.94 ACRES, MORE OR LESS, LYING WITHIN 1000 FEET OF THE NORTHWEST CORNER OF THE INTERSECTION OF BARBER STREET AND U.S. HIGHWAY 1; PROVIDING FOR INITIAL LAND USE AND ZONING CLASSIFICATION; PROVIDING FOR CONFLICT; PROVIDING FOR SEVERABILI'I-Y; AND PROVIDING FOR AN EFFECTIVE DATE. The City Attorney read Ordinance No. O-00-10 by title. In response to Mayor Barnes, Attorney Warren Dill and the Growth Management Director said their previous input and recommendations would serve for this item. _egular City Council Meeting pri112, 2000 Page Nine 00.088C B. 00.038 C. MOTION by Majcher/Hill "1 make a motion to approve Ordinance No. O-00-10, schedule a second reading and public hearing for Apd126, 2000." ROLL CALL: Mr. Hill - aye Mayor Barnes - aye Mr. Bishop - aye Mr. Barczyk - aye Mr. Majcher - aye MOTION CARRIED 5-0 Cost Sharing and Escrow Agreement Between City of Se~)~tj[an, Boos Development, inc., and Warren Dill. Es{t. (City~Jt0rney Transr~ittal 4/6/00. Agreement) MOTION by Hill/Majcher "1 move to authorize the City Manager and Clerk to execute the Cost Sharing and Escrow Agreement between City, Boos Development Group, Inc., and Warren W. Dill, Esq." ROLL CALL: Mayor Barnes - aye Mr. Bishop - aye Mr. Barczyk - aye Mr. Majcher - aye Mr. Hill - aye MOTION CARRIED 5-0 Resolution No, R-00-16 - Final Plat for C_Q~ Ur}it One. a Subdivision (Growth Management Director Transmittal 4/3/00, R-00-16. Final Plat Under Sel;;)arate Coved A RESOLUTION OF THE CITY OF SEBASTIAN, INDIAN RIVER COUNTY, APPROVING THE FINAL PLAT FOR A SUBDIViSiON KNOWN AS CC.. UNIT 1, A REPLAT OF A PORTION OF SEBASTIAN HIGHLANDS UNIT 11, 16 AND 17; PROVIDING FOR CONFLICTS HEREWITH; PROVIDING FOR EFFECTIVE DATE. The City Attorney read Resolution No. R-00-16 by title. John King bdefly addressed Council noting this was the St. Johns River Water Management District property. MOTION by Bishop/Barczyk "I'd move to adopt Resolution R-00-16 and transmit signed plat for records." ROLL CALL: Mr. Bishop - aye Mr. Barczyk - aye Mr. Majcher - aye Mr. Hill - aye Mayor Barnes - aye MOTION CARRIED 5-0 pegUlar City Council Meeting pri112, 2000 age Ten 00.021 D. Approve Payment to Supervisor o_.f J~le_.~on for Administering 3/14/2000 General Elections in the Amount of $7.643.25 ((~ity Clerk Transmittal 3/31/00. SOE Letter and Invoice) MOTION by Majcher/Hill '1 make a motion to approve payment to the Supervisor of Elections in the amount of $7,643.25 for the March 14, 2000 General Election." ROLL CALL: Mr. Barczyk - aye Mr. Majcher - aye Mr. Hill - aye Mayor Barnes - aye Mr. Bishop - aye MOTION CARRIED 5-0 00.089 Prk)r Approval of Expenses for City Clerk to Atlertd 2000 Florida Association of City Clerks Annual Conference - Tampa. FL 5/13-17.2000 iR Accordance with State Limitations {CJ~ c_[{~rk Transmittal 4/3/00, Conference Info) MOTION by Barczyk/Majcher "1 move to approve reimbursement of expenses incurred by City Clerk, Kay O'Halloran for her attendance at the FGFOA/FACC Annual Conference in Tampa, Florida on May 13-17, 2000 in accordance with State limitations.' ROLL CALL: Mr. Majcher - aye Mr. Hill - aye Mayor Barnes - aye Mr. Bishop - aye Mr. Barczyk - aye MOTION CARRIED 5-0 00.096 Fo Prior Approval of Expenses for (~,g.~ttl~ilrpembers Barczyk. Bishop and Hill to Attend 2000 Advanced Ins~tute for El~gt~d Official - 4/28-4/29 - Dee[field Bea__~:ft, FL (City Clerk Transmittal 4/3/00, Conference MOTION by Barnes/Majcher '1'11 make the motion to approve the prior approval of expenses for Council Members Barczyk, Bishop and Hill to attend the 2000 Advanced Institute for Elected Officials on April 28-29, 2000 in Deerlield Beach." ROLL CALL: Mr. Hill - aye Mayor Barnes - aye Mr. Bishop - aye Mr. Barczyk - aye Mr. Majcher - aye MOTION CARRIED 5-0 10 l~pegular City Council Meeting ril 12, 2000 Page Ten 00.090 G. 00.091 H. 00.092 I. ~Approve !nterlocal Agreement with Indian Rjver Cour~ty Allocating $200,000 from Traffic Impact Fees for Barber Street Improvements (City Manaqer Transmittal 4/6/00. Interlo~al Agreement) MOTION by Bishop/Majcher ~1'11 make a motion to authorize the Mayor to execute the Interlocal Agreement between Indian River County and the City of Sebastian granting a $200,000 allocation from the Traffic impact Fee Fund for Barber Street Improvements." ROLL CALL: Mayor Barnes - aye Mr. Bishop - aye Mr. Barczyk - aye Mr. Majcher - aye Mr. Hill - aye MOTION CARRIED 5-0 Resol~ltion No. P,-00-17 - Authorizing City Manager to Apply for Florida League of Cities Equil;)n)ent Loan {Finance Director Transmitta! 4/15/00. R-00-11, Finance Director Memo, Spreadsheet,. GraDh~ A RESOLUTION OF THE CITY OF SEBASTIAN, INDIAN RIVER COUNTY, FLORIDA. AUTHORIZING THE CITY MANAGER TO MAKE APPLICATION TO THE FLORIDA MUNICIPAL LOAN COUNCIL EQUIPMENT FINANCING PROGRAM IN THE AMOUNT OF $750,000. The Finance Director and Assistant Public Works Director briefly addressed Council. MOTION by Majcher/Barczyk '1 make a motion to approve Resolution R-00-17, authorizing the City Manager to make application to the Florida League of Cities Equipment Financing Program." The City Attorney read the Resolution by title. ROLL CALL: Mr. Bishop - aye Mr. Barczyk - aye Mr. Majcher - aye Mr. Hill - aye Mayor Barnes - aye MOTION CARRIED 5-0 Resolution No. R-00-22 - Aqthoring City Manager to Enter Int0 Four Year Lea~e Agreement with Club Car. Inc. (Finance Director Transmittal 4/5/00. R-00-22. Club Car Letter w/Attachments) A RESOLUTION OF THE CITY OF SEBASTIAN, INDIAN RIVER COUNTY, FLORIDA, AUTHORIZING THE CITY MANAGER TO ENTER INTO A FOUR YEAR LEASE AGREEMENT WITH CLUB CAR, INC. FOR THE LEASE OF 86 2000 CLUB CAR DS POWERDRIVE SYSTEM 48 ELECTRIC GOLF CARS. The City Attorney read Resolution No. R-00-22 by title. Regular City Council Meeting pri112, 2000 Page Twelve MOTION by Barczyk/Bishop "1 move to approve Resolution R-00-22, authorizing the City Manager to enter into a four year lease agreement with Club Car, Inc. for the lease of 86 2000 Club Car DS Power Drive System 48 Electric Golf Cars in accordance with the bid pdce per car of $50.76 per month.' ROLL CALL: Mr. Barczyk - aye Mr. Majcher - aye Mr. Hill - aye Mayor Barnes - aye Mr. Bishop - aye MOTION CARRIED 5-0 00.093 Resolgl~0n No. R-00-20 - Code El~forcement Board Citation Fee~ (Growth Management Direr;or ]'rans~ittal 4/3/00, R-00-20. List o.f Violations and Fine Classifig.al~ol)s) a RESOLUTION OF THE CITY Of SEBASTIAN, INDIAN RIVER COUNTY, FLORIDA, ADOPTING CODE ENFORCEMENT CITATION FEES; PROVIDING FOR CONFLICTS; AND PROVIDING FOR AN EFFECTIVE DATE. The City Attorney read Resolution No. R-00-20 by title. The City Manager gave a brief presentation on the proposed resolution. Discussion took place on the appropriate class for certain violations. MOTION by Bishop/Barczyk "1 would move to adopt Resolution No. R-00*20." ROLL CALL: Mr. Majcher - aye Mr. Hill - aye Mayor Barnes - aye Mr. Bishop - aye Mr. Barczyk - aye MOTION CARRIED 5-0 00.094 Police Disj;)atch Consolidation Study Pr~)posal from International As.~ociation of Chiefs of police irt the Amoyr~t of $30,000 and At~;b0rize City Manager.t9 Enter Into Contract (Police ]'ransmittal 3/29/00. Proposed Contract) The Chief of Police presented the request for the dispatch consolidation study. MOTION by Barczyk/Bames "1 move that we accept the proposal by the International Association of Chiefs of Police in the amount of $30,000 and authorize the City Manager to enter into a contract agreement with them to perform the dispatch consolidation study for the City of Sebastian." 12 pRegular City Council Meeting pri112, 2000 age Thirteen ROLL CALL: Mr. Hill Mayor Barnes Mr. Bishop Mr. Barczyk Mr. Majcher - aye - aye - aye - aye - aye MOTION CARRIED 5-0 TAPE III - SIDE I (10:15 p.m.) 00.095 L. Resolution No. E-00-21 - Y~13t. CILlb/Community Center Rental and Use oJ~ Council Cl~lrt].l;)e~.rs (City Clerk Transmittal 4~/00, R-00-19) A RESOLUTION OF THE CITY OF SEBASTIAN, INDIAN RIVER COUNTY, FLORIDA, PERTAINING TO THE USE OF THE SEBASTIAN COMMUNITY CENTER, SEBASTIAN YACHT CLUB, AND CITY COUNCIL CHAMBERS; PROMULGATING RULES AND PROCEDURES FOR USE OF SUCH FACILITIES; PROVIDING FOR THE COLLECTION OF RENTAL FEES, SECURITY DEPOSITS, AND OTHER CHARGES; PRECLUDING THE USE OF THE FACILITIES FOR COMMERCIAL PROFIT GENERATING ACTIVITIES; PROVIDING FOR REPEAL OF RESOLUTIONS OR PARTS OF RESOLUTIONS IN CONFLICT HEREWITH; AND PROVIDING FOR AN EFFECTIVE DATE. The City Attorney read Resolution No. R-00-21 by title. It was the consensus of Council that submittal of applications should be either three weeks prior to the date of use or wo weeks pdor to a council meeting. The City Clerk said she would insert the appropriate language. MOTION by Hill/Barnes "1 move to adopt Resolution No. R-00-21 as amended." ROLL CALL: Mayor Barnes - aye Mr. Bishop - aye Mr. Barczyk - aye Mr. Majcher - aye Mr. Hill - aye MOTION CARRIED 5-0 17. Approved at the ,~ Being no further business, Mayor Barnes adjourned the Regular Meeting at 10:25 p.m. Kathryn . O'Halloran, MMC ,2000 Regular City Council Meeting. Walter Barnes : Mayor ~ ]3 Z Z -.-o.°88 SEBASTIAN CITY COUNCIL AGENDA REGULAR MEETING WEDNESDAY, APRIL 12, 2000 - 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 Individuals will address the City Council with respect to agenda items immediately before deliberation of the item by the City Council - limit often minutes per speaker (R~99-21) 1. CALL TO ORDER 2. PLEDGE OF ALLEGIANCE 3. INVOCATION - Police Chaplain Frank Camillo - First Baptist Church - Barefoot Bay 4. ROLL CALL 5. 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) 6. PROCJ..AMATIONS. ANNOUNCEMENTS AND/OR PRESENTATIONS 00.082 A. 00.083 B. 00.084 00,085 D. 00.086 E. 00.062 F. Presentation of Blue Ribbons to City Council by Hibiscus Children's Center Presentation of Certificate - Employee of the Fourth Quarter 1999 - Nancy Veldt Proclamation - National Nurses Week - May 6-12, 2000 - Inez Fielding, R.N. - American Nurses Association and Florida Nurses Association Proclamation - Law Week 2000 - Jennifer J. Huber, Co-Chair, Indian River Bar Association Proclamation - Florida Confederate History Month - April 2000 - First Florida Cow Calvary #1680 Proclamation - Census Awareness Month ~ April 2000 - Eula Robinson-Clark, US Local Census Bureau 7. CITY ATTORNEY MATTERS 00,067 00.075 00.088A 00.077 00.067 9. 10. 11. 12. 13. 14. A. Discuss Requested Redistricting Resolution (No Backup) ~JTY MANAGER MATTERS CITY CLERK MATTERS GITY COUNCIL MATTERS A. Vice Mayor Bishop B. Mr. Barczyk C. Mr. Majcher D. Mr. Hill E. Mayor Barnes 1. Liaison Appointments - Land Acquisition, MPO Citizen Committee, Recreation Committee (City Clerk Transmittal 3/29/00, IRC Resolutions) 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 - 3/20/00 Special Meeting, 3/22/00 Regular Meeting QUASI-JUDICIAL PUBLIC HEARING (Procedures on back of agenda) Resolution No. R-00-18 - Publix Indian River Subdivision Preliminary Plat (Growth Management Transmittal 3/31/00, R-00-18, Application, Staff Report, Preliminary Report, Location Map) A RESOLUTION OF THE CITY OF SEBASTIAN, INDIAN RIVER COUNTY, FLORIDA, APPROVING THE PRELIMINARY PLAT FOR A SUBDIVISION KNOWN AS PUBLIX INDIAN RIVER SUBDIVISION LOCATED AT THE NORTHWESTERN CORNER OF THE INTERSECTION OF U.S HIGHWAY 1 AND BARBER STREET; PROVIDING FOR CONFLICTS HEREWITH; 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 - limit often minutes for each speaker COMMITTEE REPORTS/RECOMMENDATIONS Citizen Budget Review Advisory Board (City Clerk Transmittal, Applications, Board Member List, Ad) 1. Formal Appointment of Larry Napier and David Foster for Two Year Terms to 3/2002 2. Interview, Unless Waived, and Appoint Two At-Large Members for One Year Terms to 3/2001 Code Enforcement Board (City Clerk Transmittal, 3 Applications, Board Member List, Ad) 1. Interview, Unless Waived, and Appoint Businessman Position with Term to Expire 3/1/2003 15. 00.034 00.070 16. 00.088B 00.088C 00.038 00.021 00.089 00.096 00.090 00.091 OLD BUSINESS Status Report on City Hall Renovations (City Manager Transmittal 4~3~00, Slide Presentation, Life Cycle Cost and Floor Space Requirement) B. US 1 Waterline Installation Requests (City Manager Transmittal 4/4/00, Greenhalch Letter 3/29/00) NEW BUSINESS Ao First Reading of Ordinance No. O-00-10 - Voluntary Annexation * Boos Development Group, Inc. Publix - Schedule Public Hearing for 4/26/00 (Growth Management Director 3/31/00, Letter of Request, O~00-10 W/Location Map, and Chapter 171.044 FS) AN ORDINANCE OF THE CiTY OF SEBASTIAN, INDIAN RIVER COUNTY, FLORIDA, PROVIDING FOR THE VOLUNTARY ANNEXATION OF 5.94 ACRES, MORE OR LESS, LYING WITHIN 1000 FEET OF THE NORTHWEST CORNER OF THE INTERSECTION OF BARBER STREET AND U.S. HIGHWAY 1; PROVIDING FOR INITIAL LAND USE AND ZONING CLASSIFICATION; PROVIDING FOR CONFLICT; PROVIDING FOR SEVERABILITY; AND PROVIDING FOR AN EFFECTIVE DATE. Cost Sharing and Escrow Agreement Between City of Sebastian, Boos Development, Inc., and Warren Dill, Esq. (City Attorney Transmittal 4/6/00, Agreement) Resolution No. R-00-16 - Final Plat for CC. Unit One, a Subdivision (Growth Management Director Transmittal 4/3/00, R-00-16, Final Plat Under Separate Cover) A RESOLUTION OF THE CITY OF SEBASTIAN, INDIAN RIVER COUNTY, APPROVING THE FINAL PLAT FOR A SUBDIVISION KNOWN AS CC.. UNiT 1, A REPLAT OF A PORTION OF SEBASTIAN HIGHLANDS UNIT 11, 16 AND 17; PROVIDING FOR CONFLICTS HEREWITH; PROVIDING FOR EFFECTIVE DATE. Do Approve Payment to Supervisor of Election for Administering 3/14/2000 General Elections in the Amount of $7,643.25 (City Clerk Transmittal 3/31/00, SOE Letter and Invoice) Eo Prior Approval of Expenses for City Clerk to Attend 2000 Florida Association of City Clerks Annual Conference - Tampa, FL 5/13-17,2000 in Accordance with State Limitations (City Clerk Transmittal 4/3/00, Conference Info) F° Prior Approval of Expenses for Councilmembers Barczyk, Bishop and Hill to Attend 2000 Advanced Institute for Elected Official - 4/28-4/29 - Deerfield Beach, FL (City Clerk Transmittal 4/3/00, Conference Info) Ho Approve Interlocal Agreement with Indian River County Allocating $200,000 from Traffic Impact Fees for Barber Street Improvements (City Manager Transmittal 4/6/00, Interlocal Agreement) Resolution No. R-00-17 - Authorizing City Manager to Apply for Florida League of Cities Equipment Loan (Finance Director Transmittal 4/15/00, R-00-17, Finance Director Memo, Spreadsheet, Graph) A RESOLUTION OF THE CITY OF SEBASTIAN. INDIAN RIVER COUNTY, FLORIDA. AUTHORIZING THE CITY MANAGER TO MAKE APPLICATION TO THE FLORIDA MUNICIPAL LOAN COUNCIL EQUIPMENT FINANCING PROGRAM IN THE AMOUNT OF $750,000, 00.093 00.094 00. O95 Resolution No. R-00-22 - Authoring City Manager to Enter Into Four Year Lease Agreement with Club Car, Inc. (Finance Director Transmittal 4/5/00, R-00-22, Club Car Letter w/Attachments) A RESOLUTION OF THE CITY OF SEBASTIAN, INDIAN RIVER COUNTY, FLORIDA, AUTHORIZING THE CITY MANAGER TO ENTER INTO A FOUR YEAR LEASE AGREEMENT WITH CLUB CAR, INC. FOR THE LEASE OF 86 2000 CLUB CAR DS POWERDRIVE SYSTEM 48 ELECTRIC GOLF CARS. Resolution No. R-00-20 - Code Enforcement Board Citation Fees (Growth Management Director Transmittal 4/3/00, R-00-20, List of Violations and Fine Classifications) A RESOLUTION OF THE CITY OF SEBASTIAN, INDIAN RIVER COUNTY, FLORIDA, ADOPTING CODE ENFORCEMENT CITATION FEES; PROVIDING FOR CONFLICTS; AND PROVIDING FOR AN EFFECTIVE DATE. Police Dispatch Consolidation Study Proposal from International Association of Chiefs of Police in the Amount of $30,000 and Authorize City Manager to Enter Into Contract (Police Transmittal 3/29/00, Proposed Contract) Resolution No. R-00-21 - Yacht Club/Community Center Rental and Use of Council Chambers (City Clerk Transmittal 4/3/00, R-00-19) A RESOLUTION OF THE CiTY OF SEBASTIAN, INDIAN RIVER COUNTY, FLORIDA, PERTAINING TO THE USE OF THE SEBASTIAN COMMUNITY CENTER, SEBASTIAN YACHT CLUB, AND CITY COUNCIL CHAMBERS; PROMULGATING RULES AND PROCEDURES FOR USE OF SUCH FACILITIES; PROVIDING FOR THE COLLECTION OF RENTAL FEES, SECURITY DEPOSITS, AND OTHER CHARGES; PRECLUDING THE USE OF THE FACILITIES FOR COMMERCIAL PROFIT GENERATING ACTIVITIES; PROVIDING FOR REPEAL OF RESOLUTIONS OR PARTS OF RESOLUTIONS IN CONFLICT HEREWITH; AND PROVIDING FOR AN EFFECTIVE DATE. 17. ADJOURN (All meetings shall adjourn at 10:30 p.m. un/ess extended for up to one half hour by a majority vote of City Council) ANY PERSON WHO DECIDES TO APPEAL ANY DEC/SION 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 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, Ul)comincl Meeting~ · Workshop (LDC) - Wednesday, 4/19/2000 - 7 pm · Regular Meeting - Wednesday, 4/26/2000- 7 pm ° Regular Meeting * Wednesday, 5/10/2000- 7 pm · Regular Meeting- Wednesday, 5/24/2000- 7 pm 4 PROCEDURES FOR QUASI-JUDICIAL HEARINGS IN ACCORDANCE WITH RESOLUTION NO. R-99-12 A. Swearing of witnesses. Any person presenting factual information to theTribunal during the hearing shall be sworn. The administration of the oath or affirmation shall be done by the Clerk of the Tribunal on the record at the time the person comes to the podium. Citizens wishing to merely express an opinion in favor or opposition to the matter at hand, and agents of the applicant (such as an attorney) merely advocating the applicant's position, need not be sworn. B. Admissibility of Evidence. The City Attorney, upon an objection raised or upon his own accord, shall determine if any evidence sought to be presented is inadmissible. This determination may be over-ruled by a majority of the Tribunal upon a motion by any member thereof. Otherwise, the Presiding Officer of the Tribunal shall for the record receive any evidence presented and the same shall be maintained in the custody of the City Clerk. C. Tim~ I,,imitations. The traditional practices of the Chair in presiding over the smooth conduct of the hearing, encouraging precise and relevant presentations, shall provide guidance as to limitations on the length of presentations and the redundancy of witnesses. However, as appropriate, the Tribunal by majority vote may set limits on the length of presentations and the number of witnesses on a case-by-case basis. D. Disclosure of Ex-Parte Communication. At the time the Presiding Officer opens the hearing, members of the Tribunal shall disclose ex-parte communications in accordance with law. Order of Presentation. After the Presiding Officer opens the hearing, the matter shall proceed in the following order: 1. The applicant or his agent shall make a presentation in favor of the request. 2. The staff shall present its findings and analysis. 3. The Tribunal shall ask questions of the applicant and staff as it sees fit. 4. The floor shall be opened to anyone in favor of the request who wishes to speak or ask questions. 5. The floor shall be opened to anyone opposed to the request who wishes to speak or ask questions. 6. The applicant is provided an opportunity to respond to any of the issues raised by staff or the public. 7. Staff is provided an opportunity to summarize its position. 8. The Tribunal deliberates the request, asking such questions as it sees fit. 9. The Presiding Officer then entertains a motion and the Tribunal acts. Section 2. APPLICATION. Due to the evolving nature of this area of the law, these procedures shall be utilized in the conduct of hearings on matters that are determined to be quasi-judicial under the laws of the State of Florida. QUASI-JUDICIAL PUBLIC HEARING SIGN-UP SHEET APRIL 12, 2000 CITY COUNCIL MEETING 00.088A A. Resolution No. R-00-18 - Publix Indian River Subdivision Preliminar~ Plat A RESOLUTION OF THE CITY OF SEBASTIAN, INDIAN RIVER COUNTY, FLORIDA, APPROVING THE PRELIMINARY PLAT FOR A SUBDIVISION KNOWN AS PUBLIX INDIAN RIVER SUBDIVISION LOCATED AT THE NORTHWESTERN CORNER OF THE iNTERSECTION OF U.S. HIGHWAY 1 AND BARBER STREET; PROVIDING FOR CONFLICTS HEREWITH; PROVIDING FOR EFFECTIVE DATE. Sweating of witnesses. Any person presenting factual information to the Tfibunal during the heating shall be sworn. The administration of the oath or affirmation shaft be done by the Clerk of the Tdbuna/ on the record at the time the person comes to the podium. Citizens wishing to merely express an opinion in favor or opposition to the matter at hand, and agents of the applicant (such as an attorney) merely advocating the applicant's position, need not be sworn. 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 APRIL 12, 2000 REGULAR MEETING USE THIS FORM ONLY FOR INTRODUCTION OF NEW BUSINESS NOT OTHERWISE ON THE PREPARED AGENDA - LIMIT OF 10 MINUTES PER SPEAKER Subject: Name: ~/JT~ Subject: lA/~..,'~tr ~.,. ff £.C~'~, / TirO ~/ ~_~ 0 f ~ ~ Name: Subject: Name: Subject: Name: Subject: